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OJV     TH  E 










ASTCm,  L£*OX  AN© 

R  1915  L 



The  following  Notes  were  written  in  Virginia, 
in  the  year  1781,  and  somewhat  corrected  and 
enlarged  in  the  winter  of  1782,  in  answer  to 
Queries  proposed  to  the  author,  by  a  foreigner 
of  distinction,  then  residing  amongst  us.  The 
subjects  are  all  treated  imperfectly  ;  some  scarce- 
ly touched  on.  To  apologise  for  this  by  develop- 
ing the  circumstances  of  the  time  and  place  of 
their  composition,  would  be  to  open  wounds 
which  have  already  bled  enough.  To  these  cir- 
cumstances some  of  their  imperfections  may  with 
truth  be  ascribed  ;  the  great  mass  to  the  want  of 
information  and  want  of  talents  in  the  writer. 
He  had  a  few  copies  printed,  which  he  gave 
among  his  friends  :  and  a  translation  of  them  has 
been  lately  published  in  France,  but  with  such 
alterations  as  the  laws  of  the  press  in  that  coun- 
try rendered  necessary.  They  are  now  offered 
to  the  public  in  their  original  form  and  language. 

February  27,  1787, 


i.  Boundaries  of  Virginia, 

2.  Rivers, 

3.  Sea-ports,  ..... 

4.  Mountains,       ...... 

5.  Cascades,  ...... 

6.  Productions,  mineral,  vegetable,  and  animal 

7.  Climate,     ...... 

8.  Population,      ...... 

9.  Military  force,    ..... 

10.  Marine  force,  ..... 

11.  Aborigines,  ..... 

12.  Counties  and  towns,  .... 

13.  Constitution,        ..... 

14.  Laws,      ....... 

15.  Colleges,  buildings,  and  roads,     . 

16.  Proceedings  as  to  Tories, 

17.  Religion,    ...... 

18.  Manners,  ...... 

19.  Manufactures,     ..... 

20.  Subjects  of  commerce,    .... 

21.  Weights,  measures  and  money,    . 

22.  Public  revenue  and  expenses, 

23.  Histories,  memorials  and  state-papers, 

Appendix,  No.  I. 

■ No.  II 

No.  Ill 

Relative  to  the  murder  of  Lo 

gan's  Family, 
Inaugural  Speech  of  Thos.  Jefferson,  delivered 
March  4,  1801, 



An  exact  description  of  the  limits  and  boundaries  of 
the  State  of  Virginia  ? 

Virginia  is  bounded  on  the  East  by  the  Atlantic  :  on 
the  North   by  a  line  of  latitude,  crossing  the  Eastern 
Shore  through  "NYatkin's  Point,  being   about  37°.  57'. 
North  latitude  ;  from  thence  by  a  straight  line  to  Cin- 
quac,  near  the  mouth   of  Patowmac  ;    thence  by  the 
Patowmac,  which  is  common  to  Virginia  and  Maryland, 
to  the  first  fountain  of  its  northern  branch  ;  thence  by 
a  meridian  line,  passing  through   that   fountain  till   it 
intersects   a  line  running  East  and  West,  in  latitude 
39°.  43'.  42.4''.  which  divides   Maryland  from   Pennsyl- 
vania, and  which  was  marked   by  Messrs.   Mason  and 
Dixon  ;  thence   by  that  line,   and   a  continuation  of  it 
westwardly  to  the  completion  of  five  degrees  of  longi- 
tude from   the  eastern  boundary  of  Pennsylvania,  in 
the  same  latitude,  and  thence  by  a  meridian  line  to  the 
Ohio  :  on  the  West  by  the  Ohio  and  Mississippi,  to  the 
latitude  36°.  30'.  North  :  and  on  the  South  by  the  line  of 
latitude  last  mentioned.     By  admeasurements  through 
nearly  the  whole  of  this   last  line,  and   supplying  the 
unmeasured   ports  from   good   data,  the   Atlantic  and 
Mississippi  are  found  in  this  latitude  to  be  758  miles 
distant,   equal  to  30°.  38'.  of  longitude,  reckoning  55 
miles  and  .'51  11  feet  to  the  degree.     This  being  our  com- 
prehension of  longitude,  that  of  our  latitude,  taken  be- 
tween this  and  .Mason  and  Dixon's  line,  is  3  .  I-'!'.  42  4". 
equal  to  223.3  miles,  supposing  a  degree  of  a  greal  eir- 
cle  to  be  69  m.  864  feet  as  computed  by  Cassini.    These 
boundaries  include  an   area    somewhat    triangular,    of 



121,525  square  miles,  whereof  79,650  lie  westward  of 
the  Alleghaney  mountains,  and  57,034  westward  of  the 
meridian  of  the  mouth  of  the  Great  Kanhaway.  This 
state  is  therefore  one  third  larger  than  the  islands  of 
Great  Britain  and  Ireland,  which  are  reckoned  at  88,357 
square  miles. 

These  limits  result  from,  1.  The  ancient  charters 
from  the  crown  of  England.  2.  The  grant  of  Mary- 
land to  the  Lord  Baltimore,  and  the  subsequent  deter- 
minations of  the  British  court  as  to  the  extent  of  that 
grant.  3.  The  grant  of  Pennsylvania  to  William  Penn, 
and  a  compact  between  the  general  assemblies  of  the 
commonwealths  of  Virginia  and  Pennsylvania  as  to  the 
extent  of  that  grant.  4.  The  grant  of  Carolina,  and 
actual  location  of  its  northern  boundary,  by  consent  of 
both  parties.  5.  The  treaty  of  Paris  of  17(33.  6.  The 
confirmation  of  the  charters  of  the  neighbouring  states 
by  the  convention  of  Virginia  at  the  time  of  constitut- 
ing their  commonwealth.  7.  The  cession  made  by 
Virginia  to  Congress  of  all  the  lands  to  which  they 
had  title  on  the  North  side  of  the  Ohio. 


A  notice  of  its  rivers,  rivulets,  and  how  far  they 
are  navigable  ? 

An  inspection  of  a  map  of  Virginia,  will  give  a  bet- 
ter idea  of  the  geography  of  its  rivers,  than  any  de- 
scription in  writing.  Their  navigation  may  be  imper- 
fectly noted. 

Roanoke,  so  far  as  it  lies  within  this  state,  is  no  where 
navigable,  but  for  canoes  or  light  batteaux  ;  and,  even 
for  these,  in  such  detached  parcels  as  to  have  prevent- 
ed the  inhabitants  from  availing  themselves  of  it  at  all. 

James  River,  and  its  waters,  afford  navigation  as  fol- 

The  whole  of  Elizabeth  River,  the  lowest  of  those 
which  run  into  James  River,  is  a  harbour,  and  would 

contain  upwards  of  300  ships.  The  channel  is  from 
150  to  200  fathom  wide,  and  at  common  flood  tide, 
affords  18  feet  water  to  Norfolk.  The  Stafford,  a 
60  gun  ship,  went  there,  lightening  herself  to  cross  the 
bar  at  Sovvel's  Point.  The  Fier  Rodrigue,  pierced  for 
64  guns,  and  carrying  50,  went  there  without  lighten- 
ing. Craney  island,  at  the  mouth  of  this  river,  com- 
mands its  channel  tolerably  well. 

JVansemond  River,  is  navigable  to  Sleepy  Hole,  for 
vessels  of  250  tons  ;  to  Suffolk,  for  those  of  100  tons  ; 
and  to  Milner's,  for  those  of  25. 

Pagan  Creek  affords  8  or  10  feet  water  to  Smithfield, 
which  admits  vessels  of  20  tons. 

Chickahominy  has  at  its  mouth  a  bar,  on  which  is  only 
12  feet  water  at  common  flood  tide.  Vessels  passing 
that,  may  go  8  miles  up  the  river  ;  those  of  10  feet 
draught  may  go  four  miles  further,  and  those  of  six 
tons  burthen,  20  miles  further. 

Jlppamattox  may  be  navigated  as  far  as  Broadways, 
by  any  vessel  which  has  crossed  Harrison's  Bar  in  James 
River  ;  it  keeps  8  or  10  feet  water  a  mile  or  two  higher 
up  to  Fisher's  bar,  and  4  feet  on  that  and  upwards  to 
Petersburg,  where  all  navigation  ceases. 

James  River  itself  affords  harbour  for  vessels  of  any 
size  in  Hampton  Road,  but  not  in  safety  through  the 
whole  winter  ;  and  there  is  navigable  water  for  them 
as  far  as  Mulberry  Island.     A  40  gun  ship  goes  to  James 
town,  and   lightening  herself,   may  pass  to  Harrison's 
bar;  on  which  there  is  only  15  feet  water.     Vessels  of 
250  tons  may  go  to  Warwick  ;  those  of  125  go  to  Rock- 
et's, a  mile    below  Richmond  ;  from  thence  is  about  7 
feet  water  to  Richmond  ;  and   about  the  centre  of  the 
town,  four  feet  and  a  half,  where  the  navigation   is  in- 
terrupted by  falls,  which  in  a  course  of  six  miles,  de- 
scend about  80  feet  perpendicular  ;  above  these  it  is  re- 
sumed in  canoes,  and  batteaux,  and  is  prosecuted  safe- 
ly and  advantageously  to  within  10  miles  of  the  Blue 
Ridge  ;  and  even  through  the  Blue  Ridge  a  ton  weight 
has  been  brought ;  and  the  expense  would  not  be  great, 
when  compared  with  its  object,  to  open  a  tolerable  navi- 

gation  up  Jackson's  River  and  Carpenter's  creek,  to 
within  25  miles  of  Howard's  creek  of  Green  Briar, 
both  of  which  have  then  water  enough  to  float  vessels 
into  the  Great  Kanhaway.  In  some  future  state  of 
population,  I  think  it  possible,  that  its  navigation  may 
also  be  made  to  interlock  with  that  of  the  Potowmae, 
and  through  that  to  communicate  by  a  short  portage 
with  the  Ohio.  It  is  to  be  noted,  that  this  river  is  call- 
ed in  the  maps  James  Rive?',  only  to  its  confluence  with 
the  Rivanna  :  thence  to  the  Blue  Ridge  it  is  called  the 
Fluvanna ;  and  thence  to  its  source,Jackson's  river.  But 
in  common  speech,  it  is  called  James  river  to  its  source. 

The  Rivanna  a  Branch  of  James  River,  is  navigable 
for  canoes  and  batteaux  to  its  intersection  with  the 
South  West  mountains,  which  is  about  22  miles  ;  and 
may  easily  be  opened  to  navigation  through  these 
mountains  to  its  fork  above  Charlottesville. 

York  River,  at  York  town,  affords  the  best  harbour 
in  the  state  for  vessels  of  the  largest  size.  The  river 
there  narrows  to  the  width  of  a  mile,  and  is  contained 
within  very  high  banks,  close  under  which  the  vessels 
may  ride.  It  holds  4  fathom  water  at  high  tide  for  25 
miles  above  York  to  the  mouth  of  Poropotank,  where 
the  river  is  a  mile  and  a  half  wide,  and  the  channel 
only  75  fathom,  and  passing  under  a  high  bank.  At 
the  confluence  of  Pamunkey  and  Mattapony,  it  is  re- 
duced to  3  fathom  depth,  which  continues  up  Pamun- 
key to  Cumberland,  where  the  width  is  100  yards,  and 
up  Mattapony  to  within  two  miles  of  Frazer's  ferry, 
where  it  becomes  2  1-2  fathom  deep,  and  holds  that 
about  5  miles.  Pamunkey  is  then  capable  of  naviga- 
tion for  loaded  flats  to  Brockman's  bridge,  fifty  miles 
above  Hanover  town,  and  Mattapony  to  Downer's 
bridge,  70  miles  above  its  mouth. 

Piankatank,  the  little  rivers  making  out  of  Mobjack 
Bay  and  those  of  the  Eastern  Shore,  receive  only  very 
small  vessels,  and  these  can  but  enter  them. 

Rappahannock  affords  4  fathom  water  to  Hobb's  hole, 
and  2  fathom  from  thence  to  Fredericksburg. 

Patowmac  is  7  1-2  miles  wide  at  the  mouth  ;  4  1-2  at 

Nomony  bay ;  3  at  Aquia ;  1  1-2  at  Hallowing  point ; 
1  1-4  at  Alexandria.  Its  soundings  are,  7  fathom  at 
the  mouth  ;  5  at  St.  George's  island  ;  4  1-2  at  Lower 
Mathodic  ;  3  at  Swan's  point,  and  thence  up  to  Alex- 
andria;  thence  10  feet  water  to  the  foils,  which  are  13 
miles  above  Alexandria.  These  falls  are  15  miles  in 
length,  and  of  very  great  descent,  and  the  navigation 
above  them  for  batteaux  and  canoes,  is  so  much  inter- 
rupted as  to  be  little  used.  It  is,  however,  used  in  a 
small  degree  up  the  Cohongoronta  branch  as  far  as  fort 
Cumberland,  which  was  at  the  mouth  of  Willis's  creek  ; 
and  is  capable,  at  no  great  expense,  of  being  rendered 
very  practicable.  The  Shenandoah  branch  interlocks 
with  James  river  about  the  Blue  Ridge,  and  may  per- 
haps in  future  be  opened. 

The  Mississippi  will  be  one  of  the  principal  ch  annels 
of  future  commerce  for  the  country  westward  of  the 
Alleghaney.  From  the  mouth  of  this  river  to  where  it 
receives  the  Ohio,  is  1000  miles  by  water,  but  only  500 
by  land  passing  through  the  Chickasaw  country.  From 
the  mouth  of  the  Ohio  to  that  of  the  Missouri,  is  230 
miles  by  water,  and  140  by  land,  from  thence  to  the 
mouth  of  Illinois  river,  is  about  25  miles.  The  Missis- 
sippi, below  the  mouth  of  the  Missouri,  is  always  mud- 
dy, and  abounding  with  sand  bars,  which  frequently 
change  their  places.  However,  it  carries  15  feet  water 
to  the  mouth  of  the  Ohio,  to  which  place  it  is  from 
one  and  a  half  to  two  miles  wide,  and  thence  to 
Kaskaskia  from  one  mile  to  a  mile  and  a  quarter  wide. 
Its  current  is  so  rapid,  that  it  never  can  be  stemmed  by 
the  force  of  the  wind  alone,  acting  on  sails.  Any  ves- 
sel, however,  navigated  with  oars,  may  come  up  at  any 
time,  and  receive  much  aid  from  the  wind.  A  batteaux 
passes  from  the  mouth  of  Ohio  to  the  mouth  of  Mis- 
sissippi in  three  weeks,  and  is  two  to  three  months  get- 
ting up  again.  During  its  floods,  which  are  periodical 
as  those  of  the  Nile,  the  largest  vessels  may  pass  down 
it,  if  their  steerage  can  be  ensured.  These  floods  begin 
in  April,  and  the  river  returns  into  its  banks  early  in 
August.     The  inundation  extends  further  on  the  west- 



ern  than  eastern  side,  covering  the  lands  in  some  pla- 
ces for  50  miles  from  its  banks.  Above  the  mouth  of 
the  Missouri  it  becomes  much  such  a  river  as  the  Ohio, 
like  it  clear,  and  gentle  in  its  current,  not  quite  so  wide, 
the  period  of  its  floods  nearly  the  same,  but  not  rising 
to  so  great  a  height.  The  streets  of  the  village  at  Co- 
hoes  are  not  more  than  10  feet  above  the  ordinary  level 
of  the  water,  and  yet  were  never  overflowed.  Its  bed 
deepens  every  year.  Cohoes,  in  the  memory  of  many 
people  now  living,  was  insulated  bj'  every  flood  of  the 
river.  What  was  the  eastern  channel  has  now  become 
a  lake,.  9  miles  in  length  and  one  in  width,  into  which 
the  river  at  this  day  never  flows.  This  river  yields  tur- 
tle of  a  peculiar  kind,  perch,  trout,  gar,  pike,  mullets, 
herrings,  carps,  spatula-fish  of  50ib.  weight,  cat-fish  of 
J 001b.  weight,  buffalo  fish  and  sturgeon.  Alligators  or 
crocodiles  have  been  seen  as  high  up  as  the  Acansas. 
It  also  abounds  in  herons,  cranes,  ducks,  brant,  geese 
and  swans.  Its  passage  is  commanded  by  a  fort  estab- 
lished by  this  state,  five  miles  below  the  mouth  of  Ohio, 
and  ten  miles  above  the  Carolina  boundary. 

The  Missouri,  since  the  treaty  of  Paris,  the  Illinois 
and  Northern  branches  of  the  Ohio,  since  the  cession 
to  Congress,  are  no  longer  within  our  limits.  Yet  hav- 
ing been  so  heretofore,  and  still  opening  to  us  channels 
of  extensive  communication  with  the  western  and 
northwestern  country,  they  shall  be  noted  in  their  or- 

The  Missouri  is,  in  fact,  the  principal  river,  contribut- 
ing more  to  the  common  stream  than  does  the  Missis- 
sippi, even  after  its  junction  with  the  Illinois.  It  is 
remarkably  cold,  muddy  and  rapid.  Its  overflowings 
are  considerable.  They  happen  during  the  months  of 
June  and  July.  Their  commencement  being  so  much 
later  than  those  of  the  Mississippi,  would  induce  a  be- 
lief that  the  sources  of  the  Missouri,  are  northward  of 
those  of  the  Mississippi,  unless  we  suppose  that  the 
cold  increases  again  with  the  ascent  of  the  land  from 
the  Mississippi  westwardly.  That  this  ascent  is  great, 
is  proved  by  the  rapidity  of  the  river.     Six  miles  above 

the  mouth  it  is  brought  within  the  compass  of  a  quar- 
ter of  a  mile's  width  :  yet  the  Spanish  merchants  at 
Pancore,  or  St.  Louis,  say  they  go  two  thousand  miles 
up  it.  It  heads  far  westward  of  the  Rio  Norte,  or 
North  River.  There  is  in  the  villages  of  Kaskaskia, 
Cohoes  and  St.  Vincennes,  no  inconsiderable  quantity 
of  plate,  said  to  have  been  plundered  during  the  last 
war  by  the  Indians  from  the  churches  and  private 
houses  of  Santa  Fe,  on  the  North  river,  and  brought  to 
the  villages  for  sale.  From  the  mouth  of  Ohio  to  San- 
ta Fe  are  forty  days  journey,  or  about  1000  miles. 
What  is  the  shortest  distance  between  the  navigable 
waters  of  the  Missouri,  and  those  of  the  North  river, 
or  how  far,  this  is  navigable  above  Sante  Fe,  I  could 
never  learn.  From  Santa  Fe  to  its  mouth  in  the  Gulph 
of  Mexico  is  about  1200  miles.  The  road  from  New 
Orleans  to  Mexico  crosses  this  river  at  the  post  of  Rio 
Norte,  800  miles  below  Santa  Fe  :  and  from  this  post 
to  New  Orleans  is  about  1200  miles:  thus  making 2000 
miles  between  Santa  Fe  and  New  Orleans,  passing 
down  the  North  river,  Red  river  and  Mississippi ;  where- 
as it  is  2230  through  the  Missouri  and  Mississippi. 
From  the  same  post  of  Rio  Norte,  passing  near  the 
mines  of  La  Sierra  and  Laiguana,  which  are  between 
the  North  River  and  the  river  Salina  to  Sartilla,  is  375 
miles  ;  and  from  thence,  passing  the  mines  of  Charcas, 
Zaccatecas  and  Potosi,  to  the  city  of  Mexico  is  375 
miles  ;  in  all,  1550  miles  from  Sante  Fe  to  the  city  of 
Mexico.  From  New  Orleans  to  the  city  of  Mexico  is 
about  1950  miles  :  the  roads  after  setting  out  from  the 
Red  river,  near  Natchitoches,  keeping  generally  paral- 
lel with  the  coast,  and  about  two  hundred  miles  from 
it,  till  it  enters  the  city  of  Mexico. 

The  Illinois  is  a  fine  river,  clear,  gentle,  and  without 
rapids;  insomuch  that  it  is  navigable  for  batteaux  to  its 
source.  From  thence  is  a  portage  of  two  miles  only 
to  the  Chickago,  which  affords  a  batteaux  navigation 
of  Hi  miles  to  its  entrance  into  Lake  Michigan.  The 
Illinois,  about  10  miles  above  its  mouth,  is  300  yards 


The  Kaskaskia  is  one  hundred  yards  wide  at  its  en- 
trance into  the  Mississippi  and  preserves  that  breadth 
to  the  Buffalo  plains,  70  miles  above.  So  far  also  it 
is  navigable  for  loaded  batteaux,  and  perhaps  much 
further.     It  is  not  rapid. 

The  Ohio  is  the  most  beautiful  river  on  earth.  Its 
current  gentle,  waters  clear,  and  bosom  smooth,  and 
unbroken  by  rocks  and  rapids,  a  single  instance  only 

It  is  1-4  of  a  mile  wide  at  fort  Pitt: 

500  yards  at  the  mouth  of  the  Great  Kanhaway  : 

1  mile  and  25  poles  at  Louisville  : 

1-4  of  a  mile  on  the  rapids,  three  or  four  miles  below 

1-2  a  mile  where  the  low  country  begins  which  is  20 
miles  above  Green  river : 

1  1-4  at  the  receipt  of  the  Tanissee  : 

And  a  mile  wide  at  the  mouth. 

Its  length,  as  measured  according  to  its  meanders  by 
Capt.  Hurehins,  is  as  follows  : 

From  Fort  Pitt 

To  hog's  Town 


Little  Kanhaway 


Big  Beaver  Creek 


Hockho  eking 


Little  Beaver  Creek 


Great  Kanhaway 


Yellow  Creek 




Two  Creeks 


Sandy  Creek 


Long  Reach 




End  Long  Reach 


Little  Miami 




Licking  Creek 


Great  Miami 




Big  Bones 


Big  Cave 




Shawanee  River 




Cherokee  River 


Low  Country 




Buffalo  River 




1188  miles. 

In  common  winter  and  spring  tides  it  affords  15  feet 

water  to  Louisville,   10  feet  to  Le  Tarte's  rapids,  40 

miles  above  the  mouth  of  the  Great  Kanhaway,  and  a 

sufficiency  at  all  times  for  light  batteaux,  and  canoes  to 
Fort  Pitt.  The  rapids  are  in  latitude  38°  8'.  The  in- 
undations of  this  river  begin  about  the  last  of  March, 
and  subside  in  July.  During  these  a  first  rate  man  of 
war  may  be  carried  from  Louisville  to  New  Orleans, 
if  the  sudden  turns  of  the  river  and  the  strength  of 
its  current  will  admit  a  safe  steerage.  The  rapids  at 
Louisville  descend  about  30  feet  in  a  length  of  a  mile 
and  a  half.  The  bed  of  the  river  there  is  a  solid  rock, 
and  is  divided  by  an  island  into  two  branches,  the 
southern  of  which  is  about  200  yards  wide,  and  is  dry 
four  months  in  the  year.  The  bed  of  the  northern 
branch  is  worn  into  channels  by  the  constant  course  of 
the  water,  and  attrition  of  the  pebble  stones  carried  on 
with  that,  so  as  to  be  passable  for  batteaux  through  the 
greater  part  of  the  year.  Yet  it  is  thought  that  the 
southern  arm  may  be  the  most  easily  opened  for  con- 
stant navigation.  The  rise  of  the  waters  in  these  rap- 
ids does  not  exceed  10  or  12  feet.  A  part  of  this  island 
is  so   hiirh   as  to  have  been  never  overflowed,  and  to 

i      •  • 

command  the  settlement  at  Louisville,  which  is  opposite 
to  it.  The  fort,  however,  is  situated  at  the  head  of  the 
falls.  The  ground  on  the  south  side  rises  very  gradu- 

The  Tanissee,  Cherokee  or  Hogohege  river  is  600 
yards  wide  at  its  mouth,  1-4  of  a  mile  at  the  mouth  of 
Holston,  and  200  yards  at  Chotee,  which  is  20  miles 
above  Holston,  and  300  miles  above  the  mouth  of  the 
Tanissee.  This  river  crosses  the  southern  boundary  of 
Virginia,  58  miles  from  the  Mississippi.  Its  current  is 
moderate.  It  is  navigable  for  loaded  boats  of  any  bur- 
den to  the  Muscle  shoals,  where  the  river  passes 
through  the  Cumberland  mountain.  These  shoals  are 
G  or  8  miles  long,  passable  downwards  for  loaded  ca- 
noes, but  not  upwards,  unless  there  be  a  swell  in  the  ri- 
ver. Above  these  the  navigation  for  loaded  canoes  and 
batteaux  continues  to  the  Long  Island.  This  river  has 
its  inundations  also.  Above  the  Chickamogga  towns  is 
a  whirlpool  called  the  sucking  pot,  which  takes  in 
trunks  of  trees  or  boats,  and  throws  them  out  again 


half  a  mile  below.  It  is  avoided  by  keeping  very  close 
to  the  bank,  on  the  south  side.  There  are  but  a  few 
miles  portage  between  a  branch  of  this  river  and  the 
navigable  waters  of  the  river  Mobile,  which  runs  into 
the  Gulf  of  Mexico. 

Cumberland,  or  Shawanee  river,  intersects  the  bound- 
ary between  Virginia  and  North  Carolina  67  miles  from 
the  Mississippi,  and  again  198  miles  from  the  same  riv- 
er, a  little  above  the  entrance  of  Obey's  river,  into  the 
Cumberland.  Its  clear  fork  crosses  the  same  bounda- 
ry about  300  miles  from  the  Mississippi.  Cumberland 
is  a  very  gentle  stream,  navigable  for  loaded  batteaux 
800  miles,  without  interruption  ;  then  intervenes  some 
rapids  of  15  miles  in  length,  after  which  it  is  again  na- 
vigable 70  miles  upwards,  which  brings  you  within  10 
miles  of  the  Cumberland  mountains.  It  is  about  120 
yards  wide  through  its  whole  course,  from  the  head  of 
its  navigation  to  its  mouth. 

The  fVabash  is  a  very  beautiful  river,  400  yards  wide 
at  the  mouth,  and  300  at  St.  Vincennes,  which  is  a  post 
100  miles  above  the  mouth,  in  a  direct  line.  Within 
this  space  there  are  two  small  rapids,  which  give  very 
little  obstruction  to  the  navigation.  It  is  400  yards 
wide  at  the  mouth,  and  navigable  30  leagues  upwards 
for  canoes  and  small  boats.  From  the  mouth  of  Maple 
river  to  that  of  Eel  river  is  about  80  miles  in  a  direct 
line,  the  river  continuing  navigable,  and  from  one  to 
two  hundred  yards  in  width.  The  Eel  river  is  150 
yards  wide,  and  affords  at  all  times  navigation  for  pe- 
riaguas,  to  within  18  miles  of  the  Miami  of  the  Lake. 
The  Wabash,  from  the  mouth  of  Eel  river  to  Little 
river,  a  distance  of  50  miles  direct,  is  interrupted  with 
frequent  rapids  and  shoals,  which  obstruct  the  naviga- 
tion except  in  a  swell.  Little  river  affords  navigation, 
during  a  swell  to  within  3  miles  of  the  Miami,  which 
thence  affords  a  similar  navigation  into  Lake  Erie,  100 
miles  distant  in  a  direct  line.  The  Wabash  overflows 
periodically  in  correspondence  with  the  Ohio,  and  in 
some  places  two  leagues  from  its  banks. 

Green  River  is  navigable  for  loaded  batteaux  at  all 


times  50  miles  upwards  ;  but  it  is  then  interrupted  by- 
impassable  rapids,  above  which  the  navigation  again 
commences,  and  continues  good  30  or  40  miles  to  the 
month  of  Barren  river. 

Kentucky  River  is  90  yards  wide  at  the  mouth,  and 
also  at  Boonsborough,  80  miles  above.  It  affords  a 
navigation  for  loaded  batteaux  180  miles  in  a  direct 
line,  in  the  winter  tides. 

The  Great  Miami  of  the  Ohio,  is  200  yards  wide  at 
the  mouth.  At  the  Piccawee  towns,  75  miles  above,  it 
is  reduced  to  30  yards  ;  it  is,  nevertheless,  navigable  for 
loaded  canoes  50  miles  above  these  towns.  The  port- 
age from  its  western  branch  into  the  Miami  of  Lake 
Erie  is  5  miles  ;  that  from  its  eastern  branch  into  San- 
dusky river,  is  of  9  miles. 

Salt  River  is  at  all  times  navigable  for  loaded  bat- 
teaux 70  or  80  miles.  It  is  80  yards  wide  at  its  mouth, 
and  keeps  that  width  to  its  fork,  25  miles  above. 

The  Little  Miami  of  the  Ohio,  is  60  or  70  yards  wide 
at  its  mouth,  GO  miles  to  its  source,  and  affords  no  na- 

The  Sioto  is  250  yards  wide  at  its  mouth,  which  is 
in  latitude  38°  22'.  and  at  the  Saltlick  towns,  200  miles 
above  the  mouth,  it  is  yet  100  yards  wide.  To  these 
towns  it  is  navigable  for  loaded  batteaux,  and  its  east- 
ern branch  affords  navigation  almost  to  its  source. 

Great  Sandy  River  is  about  60  yards  wide,  and  navi- 
gable 60  miles  for  loaded  batteaux. 

Guiandot  is  about  the  width  of  the  river  last  mention- 
ed, but  is  more  rapid.  It  may  be  navigated  by  canoes 
60  miles. 

The  Great  Kanhaway  is  a  river  of  considerable  note 
for  the  fertility  of  its  lands,  and  still  more,  as  leading 
towards  the  head  waters  of  James  river.  Nevertheless, 
it  is  doubtful  whether  its  great  and  numerous  rapids 
will  admit  a  navigation,  but  at  an  expense  to  which  it 
will  require  ages  to  render  its  inhabitants  equal.  The 
great  obstacles  begin  at  what  are  called  the  Great 
Falls,  90  miles  above  the  mouth,  below  which  are  only 
5  or  6  rapids,  and  these  passable,  with  some  difficulty, 


even  at  low  water.  From  the  falls  to  the  mouth  of 
Greenbriar  is  100  miles,  and  thence  to  the  lead  mines 
120.     It  is  280  yards  wide  at  its  mouth. 

Hockhocking  is  80  yards  wide  at  its  mouth,  and  yields 
navigation  for  loaded  batteaux  to  the  Pressplace,  60 
miles  above  its  mouth. 

The  Little  Kanhaway  is  150  yards  wide  at  the  mouth. 
It  yields  a  navigation  of  10  miles  only.  Perhaps  its 
northern  branch  called  Junius's  creek,  which  interlocks 
with  the  western  of  Monongahela,  may  one  day  admit 
a  shorter  passage  from  the  latter  into  the  Ohio. 

The  Muskingum  is  280  yards  wide  at  its  mouth,  and 
200  yards  at  the  lower  Indian  towns,  150  miles  up- 
wards. It  is  navigable  for  small  batteaux  to  within 
one  mile  of  a  navigable  part  of  Cayahoga  river,  which 
runs  into  Lake  Erie. 

At  Fort  Pitt  the  River  Ohio  loses  its  name,  branching 
into  the  Monongahela  and  Alleghaney. 

The  Monongahela  is  400  yards  wide  at  its  mouth. 
From  thence  is  12  or  15  miles  to  the  mouth  of  Yoho- 
ganey,  where  it  is  300  yards  wide.  Thence  to  Red- 
stone by  water  is  50  miles,  by  land  30.  Then  to  the 
mouth  of  Cheat  river  by  water  40  miles,  by  land  28, 
the  width  continuing  at  300  yards,  and  the  navigation 
good  for  boats.  Thence  the  width  is  about  200  yards 
to  the  western  fork,  50  miles  higher,  and  the  naviga- 
tion frequently  interrupted  by  rapids,  which  however 
with  a  swell  of  two  or  three  feet  become  very  passable 
for  boats.  It  then  admits  light  boats,  except  in  dry  sea- 
sons, 65  miles  further  to  the  head  of  Tygart's  valley, 
presenting  only  some  small  rapids  and  falls  of  one  or 
two  feet  perpendicular,  and  lessening  in  its  width  to  20 
yards.  The  Western  fork  is  navigable  in  the  winter  10 
or  15  miles  towards  the  northern  of  the  Little  Kanha- 
way, and  will  admit  a  good  wagon  road  to  it.  The 
Yahoganey  is  the  principal  branch  of  this  river.  It 
passes  through  the  Laurel  mountain,  about  30  miles 
from  its  mouth  ;  is  so  far  from  300  to  150  yards  wide, 
and  the  navigation  much  obstructed  in  dry  weather 
by  rapids  and  shoals.     In  its  passage  through  the  moun- 


tain  it  makes  very  great  falls,  admitting  no  navigation 
for  10  miles  to  the  Turkey  Foot.  Thence  to  the  Great 
Crossing  about  20  miles,  it  is  again  navigable,  except 
in  dry  seasons,  and  at  this  place  is  200  yards  wide. 
The  sources  of  this  river  are  divided  from  those  of  the  Pa- 
towmacby  the  Alleghaney  mountain.  From  the  falls, 
where]  it  intersects  the  Laurel  mountain,  to  Fort  Cum- 
berland, the  head  of  the  Navigation  on  the  Patowmac,  is 
40  miles  of  very  mountainous  road.  Wills's  creek,  at  the 
mouth  of  which  was  Fort  Cumberland,  is  30  or  40  yards 
wide,  but  affords  no  navigation  as  yet.  Cheat  river, 
another  considerable  branch  of  the  Monongabela,  is 
200  yards  wide  at  its  mouth,  and  100  yards  at  the  Dunk- 
artPs  settlement,  50  miles  higher.  It  is  navigable  for 
boats,  except  in  dry  seasons.  The  boundary  between 
Virginia  and  Pennsylvania  crosses  it  about  3  or  4  miles 
above  its  mouth. 

The  Alleghaney  river,  with  a  slight  swell,  affords  navi- 
gation for  light  batteaux  to  Venango,  at  the  mouth  of 
French  creek,  where  it  is  200  yards  wide,  and  is  prac- 
tised even  to  Le  Bceuf,  from  whence  there  is  a  portage 
of  15  miles  to  Presque  Isle  on  the  Lake  Erie. 

The  country  watered  by  the  Mississippi  and  its  east- 
ern branches,  constitutes  five-eighths  of  the  United 
States,  two  of  which  five-eighths  are  occupied  by  the 
Ohio  and  its  waters:  the  residuary  streams  which  run 
into  the  Gulph  of  Mexico,  the  Atlantic,  and  the  St. 
Laurence,  water  the  remaining  three-eighths. 

Before  we  quit  the  subject  of  the  western  waters, 
we  will  take  a  view  of  their  principal  connexions  with 
the  Atlantic.  These  are  three  ;  the  Hudson's  river,  the 
Patowmac,  and  the  Mississippi  itself.  Down  the  last 
will  pass  all  heavy  commodities.  But  the  navigation 
through  the  Gulph  of  Mexico  is  so  dangerous,  and  that 
up  the  Mississippi  so  difficult  and  tedious,  that  it  is 
thought  probable  that  European  merchandise  will  not 
return  through  that  channel.  It  is  most  likely  that 
flour,  timber  and  other  heavy  articles  will  be  floated 
on  rafts,  which  will  themselves  be  an  article  for  sale  as 
well  as  their  loading,  the  navigators  returning  by  land 



or  in  light  batteaux.  There  will  therefore  be  a  com- 
petition between  the  Hudson  and  Patowmac  rivera 
for  the  residue  of  the  commerce  of  all  the  country  west- 
ward of  Lake  Erie,  on  the  waters  of  the  lakes,  of  the 
Ohio,  and  upper  parts  of  the  Mississippi.  To  go  to 
New- York,  that  part  of  the  trade  which  comes  from 
the  lakes  or  their  waters  must  first  be  brought  into 
Like  Erie.  Between  Lake  Superior  and  its  waters 
and  Huron  are  the  rapids  of  St.  Mary,  which  will  per- 
mit boats  to  pass,  but  not  larger  vessels.  Lakes  Huron 
aud  Michigan  afford  communication  with  Lake  Erie 
by  vessels  of  8  feet  draught.  That  part  of  the  trade 
which  comes  from  the  waters  of  the  Mississippi  must 
pass  from  them  through  some  portage  into  the  waters 
of  the  lakes.  The  portage  from  the  Illinois  river  into 
a  water  of  Michigan  is  of  one  mile  only.  From  the 
Wabash,  Miami,  Muskingum,  or  Alleghaney,  are  por- 
tages into  the  waters  of  Lake  Erie,  of  from  one  to  15 
miles.  When  the  commodities  are  brought  into,  and 
have  passed  through  Lake  Erie,  there  is  between  that 
and  Ontario  an  interruption  by  the  falls  of  Niagara, 
where  the  portage  is  of  8  miles ;  and  between  On- 
tario and  the  Hudson's  river  are  portages  at  the  falls 
of  Onondago,  a  little  above  Oswego,  of  a  quarter  of  a 
mile  ;  from  Wood  creek  to  the  Mohawks  river  two 
miles ;  at  the  little  falls  of  the  Mohawks  river  half  a 
mile,  and  from  Schenectady  to  Albany  16  miles.  Be- 
sides the  increase  of  expense  occasioned  by  frequent 
change  of  carriage,  there  is  an  increased  risk  of  pillage 
produced  by  committing  merchandise  to  a  greater  num- 
ber of  hands  successively.  The  Patowmac  offers  itself 
under  the  following  circumstances.  For  the  trade  of 
the  lakes  and  their  waters  westward  of  Lake  Erie, 
when  it  shall  have  entered  that  lake,  it  must  coast 
along  its  southern  shore,  on  account  of  the  number  and 
excellence  of  its  harbours  ;  the  northern,  though  short- 
est, having  few  harbours,  and  these  unsafe.  Having 
reached  Cayahoga,  to  proceed  on  to  New- York  it  will 
have  825  miles  aud  five  portages  ;  whereas  it  is  but 
425  miles  to  Alexandria,  its  emporium  on  the  Patow- 
mac, if  it  turns  into  the  Cayahoga,  and  passes  through 


that,  Big-beaver,  Ohio,  Yohoganey,  (or  Monongahela 
and  Cheat)  and  Patowmac,  and  there  are  but  two  por- 
tages ;  the  first  of  which  between  Cayahoga  and  Bea- 
ver may  be  removed  by  uniting  the  sources  of  these 
waters,  which  are  lakes  in  the  neighbourhood  of  each 
other,  and  in  a  champaign  country  ;  the  other  from  the 
waters  of  Ohio  to  Patowmac  will  be  from  15  to  40 
miles,  according  to  the  trouble  which  shall  be  taken  to 
approach  the  two  navigations.  For  the  trade  of  the 
Ohio,  or  that  which  shall  come  into  it  from  its  own 
waters  or  the  Mississippi,  it  is  nearer  through  the  Pa- 
towmac to  Alexandria  than  to  New- York  by  580  miles, 
and  it  is  interrupted  by  one  portage  only.  There  is 
another  circumstance  of  difference  too.  The  lakes 
themselves  never  freeze,  but  the  communications  be- 
tween them  freeze,  and  the  Hudson's  river  is  itself  shut 
up  by  the  ice  three  months  in  the  year  ;  whereas  the 
channel  to  the  Chesapeake  leads  directly  into  a  warmer 
climate.  The  southern  parts  of  it  very  rarely  freeze 
at  all,  and  whenever  the  northern  do,  it  is  so  near  the 
sources  of  the  rivers,  that  the  frequent  floods  to  which 
they  are  there  liahle,  break  up  the  ice  immediately,  so 
that  vessels  may  pass  through  the  whole  winter,  sub- 
ject only  to  accidental  and  short  delays.  Add  to  all 
this,  that  in  case  of  a  war  with  our  neighbours,  the 
Anglo-Americans  or  the  Indians,  the  route  to  New- 
York  becomes  a  frontier  through  almost  its  whole 
length,  and  all  commerce  through  it  ceases  from  that 
moment.  But  the  channel  to  New-York  is  already 
known  to  practice  ;  whereas  the  upper  waters  of  the 
Ohio  and  the  Patowmac,  and  the  great  falls  of  the 
latter,  are  yet  to  be  cleared  of  their  fixed  obstruc- 
tions.    (A.) 


A  notice  of  the  best  Sea-ports  of  the  state,  and  how 
big  are  the  vessels  they  can  receive  ? 


Having  no  ports  but  our  rivers  and  creeks,  this  Query 
has  been  answered  under  the  preceding  one. 


A  notice  of  its  Mountains'? 

For  the  particular  geography  of  our  mountains  I 
must  refer  to  Fry  and  Jefferson's  map  of  Virginia ; 
and  to  Evans's  analysis  of  his  map  of  America,  for  a 
more  philosophical  view  of  them  than  is  to  be  found 
in  any  other  work.  It  is  worthy  of  notice,  that  our 
mountains  are  not  solitary  and  scattered  confusedly 
over  the  face  of  the  country  ;  but  that  they  commence 
at  about  150  miles  from  the  sea-coast,  are  disposed  in 
ridges  one  behind  another,  running  nearly  parallel 
with  the  sea-coast,  though  rather  approaching  it  as 
they  advance  north-eastwardly.  To  the  south-west, 
as  the  tract  of  country  between  the  sea-coast  and  the 
Mississippi  becomes  narrower,  the  mountains  converge 
into  a  single  ridge,  which,  as  it  approaches  the  Gulph 
of  Mexico,  subsides  into  plain  country,  and  gives  rise 
to  some  of  the  waters  of  that  gulph,  and  particularly  to 
a  river  called  the  Apalachicola,  probably  from  the 
Apalachies,  an  Indian  nation  formerly  residing  on  it. 
Hence  the  mountains  giving  rise  to  that  river,  and  seen 
from  its  various  parts,  were  called  the  Apalachian 
mountains,  being  in  fact  the  end  or  termination  only  of 
the  great  ridges  passing  through  the  continent.  Euro- 
pean geographers  however  extended  the  name  north- 
wardly as  far  as  the  mountains  extended  ;  some  giving 
it,  after  their  separation  into  different  ridges,  to  the 
Blue  ridge,  others  to  the  North  mountain,  others  to  the 
Alleghaney,  others  to  the  Laurel  ridge,  as  may  be  seen 
in  their  different  maps.  But  the  fact  I  believe  is,  that 
none  of  these  ridges  were  ever  known  by  that  name  to 
the  inhabitants,  either  native  or  emigrant,  but  as  they 
saw  them  so  called  in  European  maps.  In  the  same 
direction  generally  are  the  veins  of  limestone,  coal,  and 


other  minerals  hitherto  discovered :  and  so  range  the 
falls  of  our  great  rivers.     But  the  courses  of  the  great 
rivers  are  at  right  angles   with  these.     James  and  Pa- 
towmac  penetrate  through  all  the  ridges  of  mountains 
eastward  of  the  Alleghaney ;   that   is   broken    by    no 
water  course.     It  is  in  fact  the  spine  of  the  country 
between  the  Atlantic  on  one  side,  and  the  Mississippi 
and  St.  Laurence  on  the  other.      The  passage  of  the 
Patowmac  through  the   Blue  ridge  is  perhaps  one  of 
the  most  stupendous  scenes  in  nature.     You  stand  on 
a  very  high  point  of  land.     On  your  right  comes  up 
the  Shenandoah,  having  ranged  along  the   foot  of  the 
mountain  an  hundred   miles  to  seek  a  vent.     On  your 
left  approaches  the   Patowmac,  in   quest  of  a  passage 
also.     In  the  moment  of  their  junction  they  rush  to- 
gether against  the  mountain,  rend  it  asunder,  and  pass 
off  to  the  sea.     The  first  glance  of  this  scene  hurries 
our  senses  into  the  opinion,  that  this  earth   has  been 
created  in  time,  that  the  mountains  were  formed  first, 
that  the  rivers  began  to  flow  afterwards,  that  in   this 
place  particularly  they  have  been  dammed  up  by  the 
Blue  ridge   of  mountains,  and  have  formed   an  ocean 
which  filled  the  whole  valley ;  that  continuing  to  rise 
they  have  at  length  broken  over  at  this  spot,  and  have 
torn  the  mountain   down  from  its  summit  to  its  base. 
The  piles  of  rock  on  each  hand,  but  particularly  on  the 
Shenandoah,  the  evident  marks  of  their  disrupture  and 
avulsion  from  their  beds  by  the  most  powerful  agents 
of  nature,  corroborate  the  impression.     But  the  distant 
finishing  which  nature  has  given  to  the  picture,  is  of  a 
very  different  character.     It  is  a  true  contrast  to  the 
foreground.     It  is  as  placid  and  delightful,  as  that  is 
wild  and  tremendous.     For  the  mountain  being  cloven 
asunder,  she  presents  to  your  eye,  through  the  cleft,  a 
small  catch  of  smooth  blue  horizon,  at  an  infinite  dis- 
tance in  the  plain  country,  inviting  you,  as  it  were, 
from   the   riot    and   tumult   roaring    around,   to    pass 
through  the  breach  and  participate  of  the  calm  below. 
Here  the  eye  ultimately  composes  itself;  and  that  way 
too  the  road  happens  actually  to  lead.     You  cross  the 


Patowmac  above  the  junction,  pass  along  its  side 
through  the  base  of  the  mountain  for  three  miles,  its 
terrible  precipices  hanging  in  fragments  over  you,  and 
within  about  20  miles  reach  Fredericktown,  and  the 
fine  country  round  that.  This  scene  is  worth  a  voyage 
across  the  Atlantic.  Yet  here,  as  in  the  neighbourhood 
of  the  Natural  Bridge,  are  people  who  have  passed 
their  lives  within  half  a  dozen  miles,  and  have  never 
been  to  survey  these  monuments  of  a  war  between 
rivers  and  mountains,  which  must  have  shaken  the 
earth  itself  to  its  centre.     (B.) 

The  height  of  our  mountains  has  not  yet  been  esti- 
mated with  any  degree  of  exactness.  The  Alleghaney 
being  the  great  ridge  which  divides  the  waters  of  the 
Atlantic  from  those  of  the  Mississippi,  its  summit  is 
doubtless  more  elevated  above  the  ocean  than  that  of 
any  other  mountain.  But  its  relative  height,  compared 
with  the  base  on  which  it  stands,  is  not  so  great  as  that 
of  some  others,  the  country  rising  behind  the  succes- 
sive ridges  like  the  steps  of  stairs.  The  mountains  of 
the  Blue  ridge,  and  of  these  the  Peaks  of  Otter,  are 
thought  to  be  of  a  greater  height,  measured  from  their 
base,  than  any  others  in  our  country,  and  perhaps  in 
North  America.  From  data,  which  may  found  a  tole- 
rable conjecture,  we  suppose  the  highest  peak  to  be 
about  4000  feet  perpendicular,  which  is  not  a  fifth  part 
of  the  height  of  the  mountains  of  South  America,  nor 
one  third  of  the  height  which  would  be  necessary  in 
our  latitude  to  preserve  ice  in  the  open  air  unmelted 
through  the  year.  The  ridge  of  mountains  next  beyond 
the  Blue  ridge,  called  by  us  the  North  mountain,  is  of 
the  greatest  extent ;  for  which  reason  they  were  nam- 
ed by  the  Indians  the  Endless  mountains. 

A  substance,  supposed  to  be  Pumice,  found  floating 
on  the  Mississippi,  has  induced  a  conjecture,  that  there 
is  a  volcano  on  some  of  its  waters :  and  as  these  are 
mostly  known  to  their  sources,  except  the  Missouri, 
our  expectations  of  verifying  the  conjecture  would  of 
course  be  led  to  the  mountains  which  divide  the  waters 
of  the  Mexican  Gulf  from  those  of  the  South  Sea ;  but 


no  volcano  having  ever  yet  been  known  at  such  a  dis- 
tance from  the  sea,  we  must  rather  suppose  that  this 
floating  substance  lias  been  erroneously  deemed  Pumice. 


Its  Cascades  and  Caverns  ? 

The  only  remarkable  Cascade  in  this  country,  is  that 
of  the  Falling  Spring  in  Augusta.  It  is  a  water  of 
James'  river,  where  it  is  called  Jackson's  river,  rising 
in  the  warm  spring  mountains,  about  twenty  miles 
south-west  of  the  warm  spring,  and  flowing  into  that 
valley.  About  three  quarters  of  a  mile  from  its  source, 
it  falls  over  a  rock  200  feet  into  the  valley  below.  The 
sheet  of  water  is  broken  in  its  breadth  by  the  rock,  in 
two  or  three  places,  but  not  at  all  in  its  height.  Be- 
tween the  sheet  and  the  rock,  at  the  bottom  you  may 
walk  across  dry.  This  cataract  will  bear  no  compari- 
son with  that  of  Niagara,  as  to  the  quantity  of  water 
composing  it ;  the  sheet  being  only  12  or  15  feet  wide 
above,  and  somewhat  more  spread  below  ;  but  it  is 
half  as  high  again,  the  latter  being  only  156  feet,  ac- 
cording to  the  mensuration  made  by  order  of  M.  Vau- 
dreuil,  Governor  of  Canada,  and  130  according  to  a 
more  recent  account. 

In  the  lime-stone  country,  there  are  many  caverns  of 
very  considerable  extent.  The  most  noted  is  called 
Madison's  Cave,  and  is  on  the  north  side  of  the  Blue 
ridge,  near  the  intersection  of  the  Rockingham  and 
Augusta  line  with  the  south  fork  of  the  southern  river 
of  Shenandoah.  It  is  in  a  hill  of  about  200  feet  per- 
pendicular height,  the  ascent  of  which,  on  one  side,  is 
so  steep,  that  you  may  pitch  a  biscuit  from  its  summit 
into  the  river  which  washes  its  base.  The  entrance  of 
the  cave  is,  in  this  side,  about  two  thirds  of  the  way  up. 
It  extends  into  the  earth  about  300  feet,  branching  into 
subordinate  caverns,  sometimes  ascending  a  little,  but 
more  generally  descending,  and  at  length  terminates, 


in  two  different  places,  at  basins  of  water  of  unknown 
extent,  and  which  I  should  judge  to  be  nearly  on  a 
level  with  the  water  of  the  river  ;  however,  I  do  not 
think  they  are  formed  by  refluent  water  from  that,  be- 
cause they  are  never  turbid  ;  because  they  do  not  rise  and 
fall  in  correspondence  with  that  in  times  of  flood,  or  of 
drought  ;  and  because  the  water  is  always  cool.  It  is 
probably  one  of  the  many  reservoirs  with  which  the 
interior  parts  of  the  earth  are  supposed  to  abound,  and 
which  yields  supplies  to  the  fountains  of  water,  distin- 
guished from  others  only  by  its  being  accessible.  The 
vault  of  this  cave  is  of  solid  lime-stone,  from  20  to  40 
or  50  feet  high,  through  which  water  is  continually  per- 
colating. This,  trickling  down  the  sides  of  the  cave, 
has  incrusted  them  over  in  the  form  of  elegant  drapery; 
and  dripping  from  the  top  of  the  vault  generates  on 
that,  and  on  the  base  below,  stalactites  of  a  conical 
form,  some  of  which  have  met,  and  formed  massive 

Another  of  these  caves  is  near  the  North  mountain, 
in  the  county  of  Frederick,  on  the  lands  of  Mr.  Zane. 
The  entrance  into  this  is  on  the  top  of  an  extensive 
ridge.  You  descend  30  or  40  feet,  as  into  a  well,  from 
whence  the  cave  then  extends,  nearly  horizontally,  400 
feet  into  the  earth,  preserving  a  breadth  of  from  20  to 
50  feet,  and  a  height  of  from  5  to  12  feet.  After  enter- 
ing this  cave  a  few  feet,  the  mercury,  which  in  the 
open  air  was  at  50°.  rose  to  57°.  of  Fahrenheit's  ther- 
mometer, answering  to  11°.  of  Reaumur's,  and  it  con- 
tinued at  that  to  the  remotest  parts  of  the  cave.  The 
uniform  temperature  of  the  cellars  of  the  observatory 
of  Paris,  which  are  ninety  feet  deep,  and  of  all  subter- 
ranean cavities  of  any  depth,  where  no  chymical  agents 
may  be  supposed  to  produce  a  factitious  heat,  has  been 
found  to  be  10°.  of  Reaumur,  equal  to  54  1-2°.  of 
Fahrenheit.  The  temperature  of  the  cave  above  men- 
tioned so  nearly  corresponds  with  this,  that  the  differ- 
ence may  be  ascribed  to  a  difference  of  instruments. 

At  the  Panther  gap,  in  the  ridge  which  divides  the 
waters  of  the  Cow  and  the  Calf  pasture,  is  what  is  cal- 


led  the  Blowing  cave.  It  is  in  the  side  of  a  hill,  is  of 
about  100  feet  diameter,  and  emits  constantly  a  current 
of  air,  of  such  force,  as  to  keep  the  weeds  prostrate  to 
the  distance  of  twenty  yards  before  it.  This  current  is 
strongest  in  dry,  frosty  weather,  and  in  long  spells  of 
rain  weakest.  Regular  inspirations  and  expirations  of 
air,  by  caverns  and  fissures, have  been  probably  enough 
accounted  for,  by  supposing  them  combined  with  in- 
termitting fountains  ;  as  they  must  of  course  inhale  air 
while  their  reservoirs  are  emptying  themselves,  and 
again  emit  it  while  they  are  filling.  But  a  constant  is- 
sue of  air,  only  varying  in  its  force  as  the  weather  is 
drier  or  damper,  will  require  a  new  hypothesis.  There 
is  another  blowing  cave  in  the  Cumberland  mountain, 
about  a  mile  from  where  it  crosses  the  Carolina  line. 
All  we  know  of  this  is,  that  it  is  not  constant,  and  that 
a  fountain  of  water  issues  from  it. 

The  Natural  Bridge,  the  most  sublime  of  nature's 
works,  though  not  comprehended  under  the   present 
head,  must  not  be  pretermitted.     It  is  on  the  ascent  of 
a  hill,  which  seems  to  have  been  cloven  through  its 
length  by  some  great  convulsion.     The  fissure,  just  at 
the  bridge,  is  by  some  admeasurements,  270  feet  deep, 
by  others  only  205.     It  is  about  45  feet  wide  at  the  bot- 
tom, and  90  feet  at  the  top  ;  this  of  course   determines 
the  length  of  the  bridge,  and  its  height  from  the  water, 
its  breadth  in  the  middle  is  about  60  feet,  but  more  at 
the  ends,  and  the  thickness  of  the  mass,  at  the  summit 
of  the  arch,  about  40  feet.     A  part  of  this  thickness  is 
constituted   by  a  coai  of  earth,  which  gives  growth  to 
many  large   trees.     The  residue,  with  the  hill  on  both 
sides,  is  one  solid  rock  of  lime-stone. — The  arch  ap- 
proaches the  semi-elliptical  form  ;  but  the   larger  axis 
of  the  ellipses,  which  would  be  the  chord  of  the  arch, 
is  many  times  longer  than  the  transverse.     Though  the 
sides  of  this  bridge  are  provided  in  some  parts  with  a 
parapet  of  fixed  rocks,  yet  few  men  have  resolution  to 
walk  to  them,  and  look  over  into   the  abyss.     You  in- 
voluntarily  fall  on  your  hands  and  feet,  creep  to  the 
parapet  and  peep  over  it.     Looking  down  from  this 


height  about  a  minute,  gave  me  a  violent  head-ache. 
If  the  view  from  the  top  be  painful  and  intolerable, 
that  from  below  is  delightful  in  an  equal  extreme.  It 
is  impossible  for  the  emotions  arising  from  the  sublime, 
to  be  felt  beyond  what  they  are  here  :  so  beautiful  an 
arch,  so  elevated,  so  light,  and  springing  as  it  were  up 
to  heaven  !  the  rapture  of  the  spectator  is  really  indes- 
cribable !  The  fissure  continuing  narrow,  deep  and 
straight,  for  a  considerable  distance  above  and  below 
the  bridge,  opens  a  short  but  very  pleasing  view  of  the 
North  mountain  on  one  side,  and  Blue  ridge  on  the 
other,  at  the  distance  each  of  them  of  about  five  miles. 
This  bridge  is  in  the  County  of  Rockbridge,  to  which 
it  has  given  name,  and  affords  a  public  and  commodi- 
ous passage  over  a  valley,  which  cannot  be  crossed 
elsewhere  for  a  considerable  distance.  The  stream 
passing  under  it  is  called  Cedar-creek.  It  is  a  water  of 
James'  river,  and  sufficient  in  the  driest  seasons  to  turn 
a  grist  mill,  though  its  fountain  is  not  more  than  two 
miles  above.* 

*  Don  Ulloa  mentions  a  break,  similar  to  this,  in  the  province 
of  Angaraez,  in  South  America.  It  is  from  16  to  22  feet  wide, 
111  feet  deep,  and  1.3  miles  continuance,  English  measure.  Its 
breadth  at  top  is  not  sensibly  greater  than  at  bottom.  But  the 
following  fact  is  remarkable,  and  will  furnish  some  light  for  con- 
jecturing tile  probable  origin  of  our  natural  bridge.  '  Esta  caxa, 
6  cauce  esta  cortada  en  peua  viva  con  tanta  precision,  que  las 
desigualdades  del  un  lado  entrantes  corresponden  a  las  del  otro 
lado  salientes,  como  si  aquella  altura  se  hubiese  abierto  expre- 
samente,  con  sus  bueltas  y  tortuosidades,  para  darle  transito  a 
los  aguas  por  entre  los  dos  murallones  que  la  forman  ;  siendo 
tal  su  iguaidad,  que  si  illegasen  ajuntarse  se  endentarian  uno 
con  otro  sin  dexar  hueeo.'  Not.  Amer.  II.  $  10.  Don  Ulloa 
inclines  to  the  opinion,  that  this  channel  has  been  effected  by 
the  wearing  of  the  water  which  runs  through  it,  rather  than 
that  the  mountain  should  have  been  broken  open  by  any  con- 
vulsion of  nature.  But  if  it  had  been  worn  by  the  running  of 
water,  would  not  the  rocks  which  form  the  sides,  have  been 
worn  plain?  or  if,  meeting  in  some  parts  with  veins  of  harder 
stone,  the  water  had  left  prominences  on  the  one  side,  would 
not  the  same  cause  have  sometimes,  or  perhaps  generally,  oc- 
casioned prominences  on  the  other  side  also  ?     Yet  Don  UUoa, 



A  notice  of  the  mines  and  other  subterraneous  riches ; 
its  trees,  plants,  fruits,  &c.  ? 

I  knew  a  single  instance  of  gold  found  in  this  state. 
It  was  interspersed  in  small  specks  through  a  lump  of 
ore,  of  about  four  pounds  weight,  which  yielded  seven- 
teen pennyweight  of  gold,  of  extraordinary  ductility. 
This  ore  was  found  on  the  north  side  of  Rappahanoc, 
about  four  miles  below  the  falls.  I  never  heard  of  any 
other  indication  of  gold  in  its  neighbourhood. 

On  the  great  Kanhaway,  opposite  to  the  mouth  of 
Cripple  creek,  and  about  twenty-five  miles  from  our 
southern  boundary,  in  the  county  of  Montgomery,  are 
mines  of  lead.  The  metal  is  mixed,  sometimes  with 
earth,  and  sometimes  with  rock,which  requires  the  force 
of  gunpowder  to  open  it ;  and  is  accompanied  with  a  por- 
tion of  silver,  too  small  to  be  worth  separation  under  any 
process  hitherto  attempted  there.  The  proportion  yielded 
is  from  50  to  801b.  of  pure  metal  from  1001b.  of  washed 
ore.  The  most  common  is  that  of  60  to  the  1001b.  The 
veins  are  at  sometimes  most  flattering  ;  at  others  they  dis- 
appear suddenly  and  totally.  They  enter  the  side  of  the 
hill,  and  proceed  horizontally.  Two  of  them  are  wrought 
at  present  by  the  public,  the  best  of  which  is  100  yards 

tells  us,  that  on  the  other  side  there  are  always  corresponding 
cavities,  and  that  these  tally  with  the  prominences  so  perfectly, 
that,  were  the  two  sides  to  come  together,  they  would  fit  in 
all  their  indentures,  without  leaving  any  void.  I  think  that 
this  does  not  resemble  the  effect  of  running  water,  but  looks 
rather  as  if  the  two  sides  had  parted  asunder.  The  sides  of 
the  break,  over  which  is  the  natural  bridge  of  Virginia,  con- 
sisting of  a  veiny  rock  which  yields  to  time,  the  correspond- 
ence between  the  salient  and  re-entering  inequalities,  if  it 
existed  at  all,  has  now  disappeared.  This  break  has  the  ad- 
vantage of  the  one  described  by  Don  Ulloa  in  its  finest  circum- 
stance ;  no  portion  in  that  instance  having  held  together,  dur- 
ing the  separation  of  the  other  parts,  so  as  to  form  a  bridge 
over  the  abyss. 


under  the  hill.  These  would  employ  about  50  labour- 
ers to  advantage.  We  have  not,  however,  more  than 
30  generally,  and  these  cultivate  their  own  corn.  They 
have  produced  GO  tons  of  lead  in  the  year;  but  the 
general  quantity  is  from  20  to  25  tons.  The  present 
furnace  is  a  mile  from  the  ore  bank,  and  on  the  op- 
posite side  of  the  river.  The  ore  is  first  wagoned  to 
the  river,  a  quarter  of  a  mile,  then  laden  on  board  of 
canoes,  and  carried  across  the  river,  which  is  there 
about  200  yards  wide,  and  then  again  taken  into  wagons 
and  carried  to  the  furnace.  This  mode  was  originally 
adopted,  that  they  might  avail  themselves  of  a  good 
situation  on  a  creek,  for  a  pounding  mill  :  but  it  would 
be  easy  to  have  the  furnace  and  pounding  mill  on  the 
same  side  of  the  river,  which  would  yield  water,  with- 
out any  dam,  by  a  canal  of  about  half  a  mile  in  length. 
From  the  furnace  the  lead  is  transported  130  miles 
along  a  good  road,  leading  through  the  peaks  of  Otter 
to  Lynch's  ferry,  or  Winston's,  on  James'  river,  from 
whence  it  is  carried  by  water  about  the  same  distance 
to  Westham.  This  land  carriage  may  be  greatly 
shortened,  by  delivering  the  lead  on  James'  river, 
above  the  Blue  ridge,  from  whence  a  ton  weight  has 
been  brought  on  two  canoes.  The  great  Kanhaway 
has  considerable  falls  in  the  neighbourhood  of  the 
mines.  About  seven  miles  below  are  three  falls,  of 
three  or  four  feet  perpendicular  each  ;  and  three  miles 
above  is  a  rapid  of  three  miles  continuance,  which  has 
been  compared  in  its  descent  to  the  great  falls  of 
James'  river.  Yet  it  is  the  opinion,  that  they  may  be 
laid  open  for  useful  navigation,  so  as  to  reduce  very 
much  the  portage  between  the  Kanhaway  and  James' 

A  valuable  lead  mine  is  said  to  have  been  lately 
discovered  in  Cumberland,  below  the  mouth  of  Red 
river.  The  greatest,  however,  known  in  the  western 
country,  are  on  the  Mississippi,  extending  from  the 
mouth  of  Rock  river  150  miles  upwards.  These  are 
not  wrought,  the  lead  used  in  that  country  being  from 
the  banks  on  the  Spanish  side  of  the  Mississippi,  oppo- 
site to  Kaskaskia. 


A  mine  of  copper  was  once  opened  in  the  county 
of  Amherst,  on  the  north  side  of  James'  river,  and 
another  in  the  opposite  country,  on  the  south  side. 
However,  either  from  bad  management  or  the  poverty 
of  the  veins,  they  were  discontinued.  We  are  told  of  a 
rich  mine  of  native  copper  on  the  Ouabache,  below  the 
upper  Wiaw. 

The  mines  of  iron  worked  at  present  are  Callaway's, 
Ross's,  and  Ballendine's,  on  the  south  side  of  James* 
river  ;  Old's  on  the  north  side,  in  Albemarle  ;  Miller's 
in  Augusta,  and  Zane's  in  Frederic.  These  two  last 
are  in  the  valley  between  the  Blue  ridge  and  North 
mountain.  Callaway's,  Ross's,  Miller's,  and  Zane's, 
make  about  150  tons  of  bar  iron  each,  in  the  year. 
Ross's  makes  also  about  1600  tons  of  pig  iron  annually; 
Ballendine's  1000 ;  Callaway's,  Miller's  and  Zane's, 
about  600  each.  Besides  these,  a  forge  of  Mr.  Hunter's, 
at  Fredericksburg,  makes  about  300  tons  a  year  of  bar 
iron,  from  pigs  imported  from  Maryland  ;  and  Taylor's 
forge  on  Neapsco  of  Patowmac,  works  in  the  same 
way,  but  to  what  extent  I  am  not  informed.  The  indi- 
cations of  iron  in  other  places  are  numerous,  and  dis- 
persed through  all  the  middle  country.  The  toughness 
of  the  cast  iron  of  Ross's  and  Zane's  furnaces  is  very 
rumarkable.  Pots  and  other  utensils,  cast  thinner  than 
usual,  of  this  iron,  may  be  safely  thrown  into,  or  out  of 
the  wagons  in  which  they  are  transported.  Saltpans 
made  of  the  same,  and  no  longer  wanted  for  that  pur- 
pose, cannot  be  broken  up,  in  order  to  be  melted  again, 
unless  previously  drilled  in  many  parts. 

In  the  western  country,  we  are  told  of  iron  mines 
between  the  Muskingum  and  Ohio  ;  of  others  on  Ken- 
tucky, between,  the  Cumberland  and  Barren  rivers,  be- 
tween Cumberland  and  Tanissee,  on  Reedy  creek,  near 
the  Long  island,  and  on  Chestnut  creek,  a  branch  of  the 
Great  Kanhaway,  near  where  it  crosses  the  Carolina 
line.  What  are  called  the  iron  banks,  on  the  Missis- 
sippi, are  believed,  by  a  good  judge,  to  have  no  iron  in 
them.  In  general,  from  what  is  hitherto  known  of  that 
country,  it  seems  to  want  iron. 



Considerable  quantities  of  black  lead  are  taken 
occasionally  for  use  from  Winterham,  in  the  county 
of  Amelia.  I  am  not  able,  however,  to  give  a  parti- 
cular state  of  the  mine.  There  is  no  work  establish* 
ed  at  it ;  those  who  want,  going  and  procuring  it  for 

The  country  on  James'  river,  from  15  to  20  miles 
above  Richmond,  and  for  several  miles  northward 
and  southward,  is  replete  with  mineral  coal  of  a  very 
excellent  quality.  Being  in  the  hands  of  many  propri- 
etors, pits  have  been  opened,  and,  before  the  interrup- 
tion of  our  commerce,  were  worked  to  an  extent  equal 
to  the  demand. 

In  the  western  country  coal  is  known  to  be  in  so 
many  places,  as  to  have  induced  an  opinion,  that  the 
whole  tract  between  the  Laurel  mountain,  Mississippi 
and  Ohio,  yields  coal.  It  is  also  known  in  many  places 
on  the  north  side  of  the  Ohio.  The  coal  at  Pittsburg 
is  of  very  superior  quality.  A  bed  of  it  at  that  place 
has  been  a-fire  since  the  year  1765.  Another  coal-hill 
on  the  Pike-run  of  Monongahela  has  been  a-fire  ten 
years  ;  yet  it  has  burnt  away  about  twenty  yards  only. 

I  have  known  one  instance  of  an  emerald  found  in 
this   country.      Amethysts    have    been    frequent,  and 
chrystals  common  ;  yet  not  in    such   numbers  any  of 
them  as  to  be  worth  seeking. 

There  is  very  good  marble,  and  in  very  great  abun- 
dance, on  James'  river,  at  the  mouth  of  Rockfish. 
The  samples  I  have  seen,  were  some  of  them  of  a  while 
as  pure  as  one  might  expect  to  find  on  the  surface  of 
the  earth  :  but  most  of  them  were  variegated  with  red, 
blue  and  purple.  None  of  it  has  been  ever  worked. 
It  forms  a  very  large  precipice,  which  hangs  over  a 
navigable  part  of  the  river.  It  is  said  there  is  marble 
at  Kentucky. 

But  one  vein  of  lime-stone  is  known  below  the  Blue 
ridge.  Its  first  appearance,  in  our  country,  is  in  Prince 
William,  two  miles  below  the  Pignut  ridge  of  moun- 
tains ;  thence  it  passes  on  nearly  parallel  with  that,  and 
crosses  the  Rivanna  about  five  miles  below  it,  where  it 


is  called  the  South-west  ridge.  It  then  crosses  Hard- 
ware, above  the  mouth  of  Hudson's  creek,  James'  river 
at  the  mouth  of  Rockfish,  at  the  marble  quarry  before 
spoken  of,  probably  runs  up  that  river  to  where  it  ap- 
pears again  at  Ross's  iron  works,  and  so  passes  off 
south-westwardly  by  Flat  creek  of  Otter  river.  It  is 
never  more  than  one  hundred  yards  wide.  From  the 
Blue  ridge  westwardly,  the  whole  country  seems  to  be 
founded  on  a  rock  of  lime-stone,  besides  infinite  quan- 
tities on  the  surface,  both  loose  and  fixed.  This  is  cut 
into  beds,  which  range,  as  the  mountains  and  sea-coast 
do,  from  south-west  to  north-east,  the  lamina  of  each 
bed  declining  from  the  horizon  towards  a  parallelism 
with  the  axis  of  the  earth.  Being  struck  with  this 
observation,  I  made,  with  a  quadrant,  a  great  number 
of  trials  on  the  angles  of  their  declination,  and  found 
them  to  vary  from  22°.  to  60°.  ;  but  averaging  all  my 
trials,  the  result  was  within  one-third  of  a  degree  of 
the  elevation  of  the  pole  or  latitude  of  the  place,  and 
much  the  greatest  part  of  them  taken  separately  were 
little  different  from  that:  by  which  it  appears,  that 
these  lamina  are  in  the  main,  parallel  with  the  axis  of 
the  earth.  In  some  instances,  indeed,  I  found  them 
perpendicular,  and  even  reclining  the  other  way:  but 
these  were  extremely  rare,  and  always  attended  with 
signs  of  convulsion,  or  other  circumstances  of  singu- 
larity, which  admitted  a  possibility  of  removal  from 
their  original  position.  These  trials  were  made  be- 
tween Madison's  cave  and  the  Patowmac.  We  hear 
of  lime-stone  on  the  Mississippi  and  Ohio,  and  in  all 
the  mountainous  country  between  the  eastern  and 
western  waters,  not  on  the  mountains  themselves,  but 
occupying  the  valleys  between  them. 

Near  the  eastern  foot  of  the  North  mountain  are  im- 
mense bodies  of  Schist,  containing  impressions  of  shells 
jn  a  variety  of  forms.  I  have  received  petrified  shells 
of  very  different  kinds  from  the  first  sources  of  the 
Kentucky,  which  bear  no  resemblance  to  any  I  have 
ever  seen  on  the  tide  waters.  It  is  said  that  shells  are 
found  in  the  Andes,  in  South  America,  fifteen  thousand 


feet  above  the  level  of  the  ocean.  This  is  considered 
by  many,  both  of  the  learned  and  unlearned,  as  a  proof 
of  an  universal  deluge.  To  the  many  considerations 
opposing  this  opinion,  the  following  may  be  added. 
The  atmosphere,  and  all  its  contents,  whether  of  water, 
air,  or  other  matters,  gravitate  to  the  earth,  that  is  to 
say,  they  have  weight.  Experience  tells  us,  that  the 
weight  of  all  these  together  never  exceeds  that  of  a 
column  of  mercury  of  31  inches  height,  which  is  equal 
to  one  of  rain  water  of  35  feet  high.  If  the  whole  con- 
tents of  the  atmosphere  then  were  water,  instead  of 
what  they  are,  it  would  cover  the  globe  but  35  feet 
deep;  but  as  these  waters,  as  they  fell,  would  run  into 
the  seas,  the  superficial  measure  of  which  is  to  that  of 
the  dry  parts  of  the  globe,  as  two  to  one,  the  seas  would 
be  raised  only  52  1-2  feet  above  their  present  level,  and 
of  course  would  overflow  the  lands  to  that  height  only. 
In  Virginia  this  would  be  a  very  small  proportion  even 
of  the  champaign  country,  the  banks  of  our  tidewaters 
being  frequently,  if  not  generally  of  a  greater  height. 
Deluges  beyond  this  extent  then,  as  for  instance,  to  the 
North  mountain  or  to  Kentucky,  seem  out  of  the  laws 
of  nature.  But  within  it  they  may  have  taken  place  to 
a  greater  or  less  degree,  in  proportion  to  the  combina- 
tion of  natural  causes  which  may  be  supposed  to  have 
produced  them.  History  renders  probable  some  in- 
stances of  a  partial  deluge  in  the  country  lying  round 
the  Mediterranean  sea.  It  has  been  often*  supposed, 
and  is  not  unlikely  that  that  sea  was  once  a  lake. 
While  such,  let  us  admit  an  extraordinary  collection  of 
the  waters  of  the  atmosphere  from  the  other  parts  of 
the  globe  to  have  been  discharged  over  that  and  the 
countries  whose  waters  run  into  it.  Or  without  sup- 
posing it  a  lake,  admit  such  an  extraordinary  collection 
of  the  waters  of  the  atmosphere,  and  an  influx  of  wa- 
ters from  the  Atlantic  ocean,  forced  by  long  continued 
western  winds.  The  lake,  or  that  sea,  may  thus  have 
been  so  raised  as  to  overflow  the  low  lands  adjacent  to 

*  2.  Buffon  Epoques,  96. 


it,  as  those  of  Egypt  and  Armenia,  which,  according  to 
a  tradition  of  the  Egyptians  and  Hebrews,  were  over- 
flowed about-  2300  years  before  the  Christian  sera ; 
those  of  Attica,  said  to  have  been  overflowed  in  the 
time  of  Ogyges,  about  five  hundred  years  later  ;  and 
those  of  Thessaly,  in  the  time  of  Deucalion,  still  300 
years  posterior.  But  such  deluges  as  these  will  not  ac- 
count for  the  shells  found  in  the  higher  lands,  A  sec- 
ond opinion  has  been  entertained,  which  is,  that,  in 
times  anterior  to  the  records  either  of  history  or  tradi- 
tion, the  bed  of  the  ocean,  the  principal  residence  of 
the  shelled  tribe,  has,  by  some  great  convulsion  of  na- 
ture, been  heaved  to  the  heights  at  which  we  now  find 
shells  and  other  remains  of  marine  animals.  The  fa- 
vourers of  this  opinion  do  well  to  suppose  the  great 
events  on  which  it  rests  to  have  taken  place  beyond 
all  the  asras  of  history ;  for  within  these,  certainly 
none  such  are  to  be  found ;  and  we  may  venture  to  say 
further,  that  no  fact  has  taken  place,  either  in  our  own 
days,  or  in  the  thousands  of  years  recorded  in  history, 
which  proves  the  existence  of  any  natural  agents,  with- 
in or  without  the  bowels  of  the  earth,  of  force  sufficient 
to  heave,  to  the  height  of  15,000  feet,  such  masses  as 
the  Andes.  The  difference  between  the  power  neces- 
sary to  produce  such  an  effect,  and  that  which  shuffled 
together  the  different  parts  of  Calabria  in  our  days,  is 
so  immense,  that  from  the  existence  of  the  latter  we 
are  not  authorised  to  infer  that  of  the  former. 

M.  de  Voltaire  has  suggested  a  third  solution  of  this 
difficulty  (Quest.  Encycl.  Coquilles).  lie  cites  an  in- 
stance in  Touraine,  where  in  the  space  of  80  years,  a 
particular  spot  of  earth  had  been  twice  metamorphosed 
into  soft  stone,  which  had  become  hard  when  employed 
in  building.  In  this  stone  shells  of  various  kinds  were 
produced,  discoverable  at  first  only  with  the  micros- 
cope, but  afterwards  growing  with  the  stone.  From 
this  fact,  I  suppose,  he  would  have  us  infer,  that,  be- 
sides the  usual  process  for  generating  shells  by  the  ela- 
boration of  earth  and  water  in  animal  vessels,  nature 
may  have  provided  an  equivalent  operation,  by  passing 



the  same  materials  through  the  pores  of  calcareous 
earths  and  stones  ;  as  we  see  calcareous  drop  stones 
generating  every  day  by  the  percolation  of  water 
through  lime  stone,  and  a  new  marble  forming  in  the 
quarries  from  which  the  old  has  been  taken  out ;  and  it 
might  be  asked,  whether  it  is  more  difficult  for  nature 
to  shoot  the  calcareous  juice  into  the  form  of  a  shell, 
than  other  juices  into  the  form  of  crystals,  plants,  ani- 
mals, according  to  the  construction  of  the  vessels 
through  which  they  pass  ?  There  is  a  wonder  some- 
where. Is  it  greatest  on  this  branch  of  the  dilemma ; 
on  that  which  supposes  the  existence  of  a  power,  of 
which  we  have  no  evidence  in  any  other  case  ;  or  on 
the  first,  which  requires  us  to  believe  the  creation  of  a 
body  of  water  and  its  subsequent  annihilation  ?  The 
establishment  of  the  instance,  cited  by  M.  de  Voltaire, 
of  the  growth  of  shells  unattached  to  animal  bodies, 
would  have  been  that  of  his  theory.  But  he  has  not 
established  it.  He  has  not  even  left  it  on  ground  so  re- 
spectable as  to  have  rendered  it  an  object  of  enquiry  to 
the  literati  of  his  own  country.  Abandoning  this  fact, 
therefore,  the  three  hypotheses  are  equally  unsatisfac- 
tory ;  and  we  must  be  contented  to  acknowledge,  that 
this  great  phenomenon  is  as  yet  unsolved.  Ignorance 
is  preferable  to  error  ;  and  he  is  less  remote  from  the 
truth  who  believes  nothing,  than  he  who  believes  what 
is  wrong. 

There  is  great  abundance  (more  especially  when  you 
approach  the  mountains)  of  stone,  white,  blue,  brown, 
&c.  fit  for  the  chisel,  good  mill  stone,  such  also  as 
stands  the  fire,  and  slate  stone.  We  are  told  of  flint,  fit 
for  gun  flints,  on  the  Meherrin  in  Brunswick,  on  the 
Mississippi  between  the  mouth  of  the  Ohio  and  Kas- 
kaskia,  and  on  others  of  the  western  waters.  Isinglass 
or  mica  is  in  several  places  ;  loadstone  also;  and  an  as- 
bestos of  a  ligneous  texture,  is  sometimes  to  be  met 

Marie  abounds  generally.  A  clay,  of  which,  like 
the  Sturbridge  in  England,  bricks  are  made,  which 
will  resist  long  the  violent  action  of  fire,    has  been 


found  on  the  Tuckahoe  creek  of  James  river,  and  no 
doubt  will  be  found  in  other  places.  Chalk  is  said  to 
be  in  Botetourt  and  Bedford.  In  the  latter  county  is 
some  earth  believed  to  be  gypseous.  Ochres  are  found 
in  various  parts. 

In  the  lime  stone  country  are  many  caves,  the  earthy 
floors  of  which  are  impregnated  with  nitre.  On  Rich 
creek,  a  branch  of  the  Great  Kanhaway,  about  GO  miles 
below  the  lead  mines,  is  a  very  large  one,  about  20 
yards  wide,  and  entering  the  hill  a  quarter  or  half  a 
mile.  The  vault  is  of  rock,  from  0  to  15  or  20  feet 
above  the  floor.  A  Mr.  Lynch,  who  gives  me  this  ac- 
count, undertook  to  extract  the  nitre.  Besides  a  coat 
of  the  salt  which  had  formed  on  the  vault  and  floor,  he 
found  the  earth  highly  impregnated  to  the  depth  of 
seven  feet  in  some  places,  and  generally  of  three,  every 
bushel  yielding  on  an  average  three  pounds  of  nitre. 
Mr.  Lynch  having  made  about  lOCOlb.  of  the  salt  from 
it,  consigned  it  to  some  others,  who  have  since  made 
10,0001b.  They  have  done  this  by  pursuing  the  cave 
into  the  hill,  never  trying  a  second  time  the  earth  they 
have  once  exhausted,  to  see  how  far  or  soon  it  receives 
another  impregnation.  At  least  fifty  of  these  caves  are 
worked  on  the  Greenbriar.  There  are  many  of  them 
known  on  Cumberland  river. 

The  country  westward  of  the  Alleghaney  abounds 
with  springs  of  common  salt.  The  most  remarkable 
we  have  heard  of  are  at  Bullet's  lick,  the  Big  bones, 
the  Blue  licks,  and  on  the  North  fork  of  Holston.  The 
area  of  Bullet's  lick,  is  of  many  acres.  Digging  the 
earth  to  the  depth  of  three  feet,  the  water  begins  to 
boil  up,  and  the  deeper  you  go,  and  the  drier  the  weath- 
er, the  stronger  is  the  brine.  A  thousand  gallons  of 
water,  yield  from  a  bushel  to  a  bushel  and  a  half  of 
salt,  which  is  about  801b.  of  water  to  lib.  of  salt  ;  but 
of  sea  water  251b.  yield  lib.  of  salt.  So  that  sea  water 
is  more  than  three  times  as  strong  as  that  of  these 
springs.  A  salt  spring  has  been  lately  discovered  at  the 
Turkey  foot  on  Yohoganey,  by  which  river  it  is  over- 
flowed, except  at  very  low  water.     Its  merit  is  not  yet 


known.  Dunning's  lick  is  also  as  yet  untried,  but  it  is 
supposed  to  be  the  best  on  this  side  the  Ohio.  The 
salt  springs  on  the  margin  of  the  Onondago  lake  are 
said  to  give  a  saline  taste  to  the  waters  of  the  lake. 

There  are  several  medicinal  springs,  some  of  which 
are  indubitably  efficacious,  while  others  seem  to  owe 
their  reputation  as  much  to  fancy  and  change  of  air 
and  regimen,  as  to  their  real  virtues.  None  of  them 
having  undergone  a  chemical  analysis  in  skilful  hands, 
nor  been  so  far  the  subject  of  observations  as  to  have 
produced  a  reduction  into  classes  of  the  disorders 
which  they  relieve  ;  it  is  in  my  power  to  give  little 
more  than  an  enumeration  of  them. 

The  most  efficacious  of  these  are  two  springs  in  Au- 
gusta, near  the  first  sources  of  James  river,  where  it  is 
called  Jackson's  river.  They  rise  near  the  foot  of  the 
ridge  of  mountains,  generally  called  the  Warm  spring 
mountains,  but  in  the  maps  Jackson's  mountains.  The 
one  is  distinguished  by  the  name  of  the  Warm  spring, 
and  the  other  of  the  Hot  spring.  The  warm  spring  is- 
sues with  a  verv  bold  stream  sufficient  to  work  a  crrist 
mill,  and  to  keep  the  waters  of  its  basin,  which  is  30 
feet  in  diameter,  at  the  vital  warmth,  viz.  9b°  of  Fahren- 
heit's thermometer.  The  matter  with  which  these 
waters  is  allied  is  very  volatile  ;  its  smell  indicates  it  to 
be  sulphureous,  as  also  does  the  circumstance  of  its 
turning  silver  black.  Thev  relieve  rheumatisms.  Oth- 
er  complaints  also  of  very  different  natures  have  been 
removed  or  lessened  by  them.  It  rains  here  four  or 
five  days  in  every  week. 

The  Hot  spring  is  about  six  miles  from  the  Warm,  is 
much  smaller,  and  has  been  so  hot  as  to  have  boiled  an 
Ggg.  Some  believe  its  degree  of  heat  to  be  lessened, 
it  raises  the  mercury  in  Fahrenheit's  thermometer  to 
112  degrees,  which  is  fever  heat.  It  sometimes  re- 
lieves where  the  Warm  spring  fails.  A  fountain  of 
common  water,  issuing  within  a  few  inches  of  its  mar- 
gin gives  it  a  singular  appearance.  Comparing  the 
temperature  of  these  with  that  of  the  Hot  springs  of 
Kamschatka,  of  which   Krachininnikow  gives  an  ac~ 


count,  the  difference  is  very  great,  the  latter  raising  the 
mercury  to  200°  which  is  within  12°  of  boiling  water. 
These  springs  are  very  much  resorted  to  in  spite  of  a 
total  want  of  accommodation  for  the  sick.  Their  wa- 
ters are  strongest  in  the  hottest  months,  which  oc- 
casions their  being  visited  in  July  and  August  princi- 

The  Sweet  springs  are  in  the  county  of  Botetourt,  at 
the  eastern  foot  of  the  Alleghaney,  about  42  miles 
from  the  Warm  springs.  They  are  still  less  known. 
Having  been  found  to  relieve  cases  in  which  the  others 
had  been  ineffectually  tried,  it  is  probable  their  compo- 
sition is  different.  They  are  different  also  in  their  tem- 
perature, being  as  cold  as  common  water :  which  is 
not  mentioned,  however,  as  a  proof  of  a  distinct  im- 
pregnation. This  is  among  the  first  sources  of  James' 

On  Patowmac  river,  in  Berkley  county,  above  the 
North  mountain,  are  medicinal  springs,  much  more  fre- 
quented than  those  of  Augusta.  Their  powers,  how- 
ever, are  less,  the  waters  weakly  mineralized,  and 
scarcely  warm.  They  are  more  visited,  because  situat- 
ed in  a  fertile,  plentiful  and  populous  country,  better 
provided  with  accommodations,  always  safe  from  the 
Indians,  and  nearest  to  the  more  populous  states. 

In  Louisa  county,  on  the  head  waters  of  the  South 
Anna  branch  of  York  river,  are  springs  of  some  medi- 
cinal virtue.  They  are  not  much  used  however.  There 
is  a  weak  chalybeate  at  Richmond  ;  and  many  others 
in  various  parts  of  the  country,  which  are  of  too  little 
worth,  or  too  little  note,  to  be  enumerated  after  those 
before  mentioned. 

We  are  told  of  a  sulphur  spring  on  Howard's  creek 
of  Greenbriar,  and  another  at  Boonsborough  on  Ken- 

In  the  low  grounds  of  the  Great  Kanhaway,  seven 
miles  above  the  mouth  of  Elk  river,  and  G7  above  that 
of  the  Kanhaway  itself,  is  a  hole  in  the  earth  of  the  ca- 

f>acity  of  30  or  40  gallons,  from  which  issues  constant- 
y   a  bituminous  vapour,  in    so  strong  a  current,  as  to 


give  to  the  sand  about  its  orifice  the  motion  which  it  has 
in  a  boiling  spring.  On  presenting  a  lighted  candle  or 
torch  within  18  inches  of  the  hole,  it  flames  up  in  a  col- 
umn of  18  inches  diameter,  and  four  or  five  feet  in 
height,  which  sometimes  burns  out  within  20  minutes, 
and  at  other  times  has  been  known  to  continue  three 
days,  and  then  has  been  still  left  burning.  The  flame 
is  unsteady,  of  the  density  of  that  of  burning  spirits, 
and  smells  like  burning  pit  coal.  Water  sometimes 
collects  in  the  basin,  which  is  remarkably  cold,  and  is 
kept  in  ebullition  by  the  vapour  issuing  through  it.  If 
the  vapour  be  fired  in  that  state,  the  water  soon  be- 
comes so  warm  that  the  hand  cannot  bear  it,  and  eva- 
porates wholly  in  a  short  time.  This,  with  the  circum- 
jacent lands,  is  the  property  of  his  excellency  General 
Washington  and  of  General  Lewis. 

There  is  a  similar  one  on  Sandy  river,  the  flame  of 
which  is  a  column  of  about  12  inches  diameter,  and 
three  feet  high.  General  Clarke,  who  informs  me  of 
it,  kindled  the  vapour,  staid  about  an  hour,  and  left  it 

The  mention  of  uncommon  springs  leads  me  to  that 
of  Syphon  fountains.  There  is  one  of  these  near  the 
intersection  of  lord  Fairfax's  boundary  with  the  North 
mountain,  not  far  from  Brock's  gap,  on  the  stream  of 
which  is  a  grist  mill,  which  grinds  two  bushel  of  grain 
at  every  flood  of  the  spring  :  another  near  Cow  pasture 
river,  a  mile  and  a  half  below  its  confluence  with  the 
Bull  pasture  river,  and  16  or  17  miles  from  the  Hot 
springs,  which  intermits  once  in  every  twelve  hours: 
one  also  near  the  mouth  of  the  North  Holston. 

After  these  may  be  mentioned  the  Natural  Well,  on 
the  lands  of  a  Mr.  Lewis  in  Frederick  county.  It  is 
somewhat  larger  than  a  common  well :  the  water  rises 
in  it  as  near  the  surface  of  the  earth  as  in  the  neigh- 
bouring artificial  wells,  and  is  of  a  depth  as  yet  un- 
known. It  is  said  there  is  a  current  in  it  tending  sen- 
sibly downwards.  If  this  be  true  it  probably  feeds 
some  fountain,  of  which  it  is  the  natural  reservoir,  dis- 
tinguished from  others,  like  that  of  Madison's  cave,  by 


being  accessible.     It  is  used  with  a  bucket  and  wind- 
lass as  an  ordinary  well. 

A  complete  catalogue  of  the  trees,  plants,  fruits,  &c. 
is  probably  not  desired.  I  will  sketch  out  those  which 
would  principally  attract  notice,  as  being  1.  Medicinal, 
2.  Esculent,  3.  Ornamental,  or  4.  Useful  for  fabrica- 
tion ;  adding  the  Linnsean  to  the  popular  names,  as 
the  latter  might  not  convey  precise  information  to  a 
foreigner.     I  shall  confine  myself  too  to  native  plants. 

1.  Senna.     Cassia  ligustriiia. 
Arsmart.     Polygonum  Sagittatum. 
Clivers,  or  goose  grass.      Galium  Spurium. 
Lobelia  of  several  species. 

Palma  Christi.     Ricinus. 

(S.)  Jamestown  iveed.     Datura  Stramonium. 

Mallow.     Malv a  rolundifolia. 

Syrian  mallow.     Hibiscus  moschentos. 

Hibiscus  Virginicus. 
Indian  mallow.     Sida  rhombifolia. 

Si  da  abutilon. 
Virginia  marshmallow.     Napeea  hermaphrodita. 

JVapcea  dioica. 
Indian  physic.     Spiria  trifoliata. 
Euphorbia   Ipecacuanha. 
Pleurisy  root.     Asclepias  decumbens. 
Virginia  snake  root.     Aristolochia  serpentaria. 
Black  snake  root.     Acta,  racemosa. 
Seneca  rattlesnake  root.     Polygala  Senega. 
Valerian.      Valeriana  locusta  radiata. 
Gentiana,  Saponaria,  Villosa  and  Centaurium. 
Ginseng.     Panax  quinquefolium. 
Angelica.     Angelica  sylvestris. 
Cassava.     Jatropha  urens. 

2.  Tuckahoe.     Lycoperdon  tuber. 
Jerusalem  artichoke.     Helianthus  tuberosus. 
Long  potatoes.     Convolvulus  batatas. 
Graiiadillas.     Maycocks.     Maracocks.     Passijlora  in* 

Panic.     Panicum  of  many  species. 


Indian  millet.     Holcus  laxus. 

Holcus  striosus. 

Wild  oat.     Zizania  aquaticia. 

Wild  pea.     Dolichos  of  Clayton. 

Lupine.     Lupinus  perennis. 

Wild  hop.     Hamulus  lupulus. 

Wild  cherry.     Prunus  Virginiana. 

Cherokee  plumb.     Prunus  sylvestris  fructu  majori.     Clay- 

Wild  plumb.     Prunus  sylvestris  fructu  minori.     Clayton. 

Wild  crab-apple.     Pyrus  coronaria. 

Red  mulberry.     Morus  rubra. 

Persimmon.     Diospiros  Virginiana. 

Sugar  maple.     Acer  saccharinum. 

Scaly  bark  hiccory.   Juglans  alba  cortice  squamoso.    Clay- 

Common  hiccory.     Juglans  alba,  fructu  minore  rencido. 

Paccan,  or  Illinois  nut.  JVot  described  by  Linnaus, 
Millar  or  Clayton.  Were  I  to  venture  to  describe  this, 
speaking  of  the  fruit  from  memory,  and  of  the  leaf  from 
plants  of  two  years'  growth,  I  should  specify  it  as  the 
Juglans  alba,  foliolis  lanceolatis,  acuminatis,  serratis, 
tomentosis,  fructu  minore,  ovato,  compresso,  vix  insculp- 
to,  dulci,  putamine  tenerrimo.  It  grows  on  the  Illinois, 
Wabash,  Ohio  and  Mississippi.  It  is  spoken  of  by 
Don  Ulloa  under  the  name  of  Pacanos,  in  his  Noticias 
Americanas.     Entret.  6. 

Black  walnut.     Juglans  nigra. 

White  ivalnut.     Juglans  alba. 

Chestnut.     Fagus  castanea. 

Chinquapin.     Fagus  pumila. 

Hazlenut.     Corylus  avellana. 

Grapes.     Vitis.     Various  kinds,  though  only  three   de- 
scribed by  Clayton. 

Scarlet  strawberries.     Fragaria  Virginiana  of  Millar. 

Whortleberries.      Vaccinium  vliginosum. 

Wild  gooseberries.     Ribes  grossulai-ia. 

Cranberries.     Vaccinium  oxycoccos. 

Black  raspberries.     Rubus  occidentalis. 



Blackberries.     Rubus  fruticosus. 
Dewberries.     Rubus  coesius. 
Cloudberries.     Rubus  Chammmorus. 
3.  Plane  tree.     Platanus  occidentalis. 
Poplar.     Liriodendron  tulipifera. 

Poplus  heterophylla. 
Black  poplar.     Populus  nigra. 
Aspen.     Populus  tremula. 
Linden,  or  Lime.     Telia  Americana. 
Red  flowering  maple.     Acer  rubrum. 
Horse-chestnut,  or  buck's  eye.     JEsculus pavia. 
Catalpa.     Bignonia  catalpa. 
Umbrella.     Magnolia  tripetala. 
Swamp  laurel.     Magnolia  glauca. 
Cucumber  tree.     Magnolia  acuminata. 
Portugal  bay.     Laurus  indica. 
Red  bay.     Laurus  borbonia. 
Dwarf- rose  bay.     Rhododendron  maximum. 
Laurel  of  the  western  country.      Qu.  species^ 
Wild  pimento.     Laurus  benzoin. 
Sassafras.     Laurus  sassafras. 
Locust.     Robinia  pseudo-acacia. 
Honey-locust.      Gleditsia.     1.  C 
Dogwood.     Cornus  florida. 

Fringe,  or  snoiv-drop  tree.     Chionanthus  Virginica. 
Barberry.     Barberis  vulgaris. 
Redbud,  or  Judas-tree.     Cercis  Canadensis. 
Holly.     Ilex  aquifolium. 
Cockspur  hawthorn.     Cratmgus  coccinea. 
Spindle-tree.     Euonymus  Europccus. 
Evergreen  spindle-tree.     Euonymus  Americanus. 
Itea  Virginica. 
Elder.     Sambucus  nigra. 
Papaw.     Annona  triloba. 
Candlcberry  myrtle.     Myrica  cerifera. 
Dwarf  laurel.     Kalmia  angustifolia  )  called  ivy  with 

Kalmia  latifolia  \      us. 

Ivy.     Hedera  quinquefolia. 
Trumpet  honeysuckle.     Lonicera  sempervirens. 
Upright  honeysuckle.     Azalea  nudiflora. 



Yellow  jasmine.     Bignonia  sempervirens. 

Calcycanthus  fioridus. 

American  aloe.     Agave  Virginica. 

Sumach.     Rhus.     Qu.  species  ? 

Poke.     Phytolacca  decandra. 

Long  moss.     Tillandsia  Usncoides. 
4.  Reed.     Arundo  phragmitis. 

Virginia  hemp.     Acnida  cannahina. 

Flax.     Linum  Virginianum. 

Black,  or  pitch  pine.     Pinus  tceda. 

White  pine.     Pinus  strobus. 

Yellow  pine.     Pinus  Virginica. 

Spruce  pine.     Pinus  foliis  singularibus.     Clayton. 

Hemlock  spruce  Fir.     Pinus  Canadensis. 

Abor  vituz.     Thuya  occidentalis. 

Juniper.     Juniperus  Virginica  (called  cedar  with  us.) 

Cypress.     Cupressus  disticha. 

White  cedar.     Cupressus  Thyoides. 

Black  oak.      Quercus  nigra. 

White  oak.     Quercus  alba. 

Red  oak.      Quercus  rubra. 

Willow  oak.     Quercus  phellos. 

Chestnut  oak.      Quercus  prinus. 

Blackjack  oak.     Quercus  aquatica.     Clayton. 

Ground  oak.      Quercus  pumila.     Clayton. 

Live  oak.      Quercus  Virginiana.     Millar. 

Black  birch.     Betula  nigra. 

White  birch.     Betula  alba. 

Beach.     Fagus  sylvatica. 

Ash.     Fraxinus  Americana. 

Fraxinus  JYovce  Anglios.     Millar. 

Elm.     Ulmus  Americana. 

Willow.     Salix.     Qu.  species  ? 

Siveet  gum.     Liquidambar  styracijlua. 

The  following  were  found  in  Virginia  when  first 
visited  by  the  English  ;  but  it  is  not  said  whether  of 
spontaneous  growth,  or  by  cultivation  only.  Most  pro- 
bably they  were  natives  of  more  southern  climates,  and 
handed  along  the  continent  from  one  nation  to  another 
of  the  savages. 


Tobacco.    Nicotiana. 

Maize.     Zea  mays. 

Round  potatoes.     Solarium  tuberosum. 

Pumpkins.     Cucurbita  pepo. 

Clymings.     Cucurbita  verrucosa. 

Squashes.     Cucurbita  melopepo. 

There  is  an  infinitude  of  other  plants  and  flowers, 
for  an  enumeration  and  scientific  description  of  which 
I  must  refer  to  the  Flora  Virgin ica  of  our  great  bota- 
nist, Dr.  Clayton,  published  by  Gronovius  at  Leyden, 
in  1762.  This  accurate  observer  was  a  native  and  resi- 
dent of  this  state,  passed  a  long  life  in  exploring  and 
describing  its  plants,  and  is  supposed  to  have  enlarged 
the  botanical  catalogue  as  much  as  almost  any  man 
who  has  lived. 

Besides  these  plants,  which  are  native,  our  farms  pro- 
duce wheat,  rye,  barley,  oats,  buck-wheat,  broom  corn, 
and  Indian  corn.  The  climate  suits  rice  well  enough, 
wherever  the  lands  do.  Tobacco,  hemp,  flax  and  cot- 
ton, are  staple  commodities.  Indigo  yields  two  cut- 
tings. The  silk-worm  is  a  native,  and  the  mulberry, 
proper  for  its  food,  grows  kindly. 

We  cultivate  also  potatoes,  both  the  long  and  the 
round,  turnips,  carrots,  parsnips,  pumpkins  and  ground 
nuts  (Arachis.)  Our  grasses  are  lucerne,  st.  foin,  bur- 
net,  timothy,  ray  and  orchard  grass  ;  red,  white  and 
yellow  clover  ;  greenswerd,  blue  grass  and  crab  grass. 

The  gardens  yield  musk-melons,  water-melons,  to- 
matos,  okra,  pomegranates,  figs,  and  the  esculent  plants 
of  Europe. 

The  orchards  produce  apples,  pears,  cherries,  quin- 
ces, peaches,  nectarine.-,  apricots,  almonds  and  plums. 
Our  quadrupeds  have  been  mostly  described  by  Lin- 
naeus and  Mons.  de  Buffbn.  Of  tliesc  the  mammoth, 
or  big  buffalo,  as  called  by  the  Indians,  must  certainly 
have  been  the  largest.  Their  tradition  is,  that  he  was 
carnivorous,  and  still  exists  in  the  northern  parts  of 
America.  A  delegation  of  warriors  from  the  Delaware 
tribe  having  visited  the  governor  of  Virginia,  during 
the  revolution,  on  matters  of  business,  after  these  had 


been  discussed  and  settled  in  council,  the  governor  ask- 
ed them  some  questions  relative  to  their  country,  and 
among   others,  what  they  knew  or  had  heard  of  the 
animal  whose  bones  were  found  at  the  Saltlicks  on  the 
Ohio.     Their  chief  speaker  immediately  put  himself 
into  an  attitude  of  oratory,  and  with  a  pomp  suited  to 
what  he  conceived  the  elevation  of  his  subject,  inform- 
ed him  that  it  was  a  tradition  handed  down  from  their 
fathers,   "  That  in  ancient  times  a  herd  of  these  tre- 
mendous animals  came  to  the  Big-bone  licks,  and  be- 
gan an  univeisal   destruction  of  the  bear,  deer,  elks, 
buffaloes,  and  other  animals   which  had  been  created 
for  the  use  of  the  Indians  :  that  the  Great  Man  above, 
looking  down  and  seeing  this,  was  so  enraged,  that  he 
seized  his  lightning,  descended  on  the  earth,  seated 
himself  on  a  neighbouring  mountain,  on  a  rock  of  which 
his  seat  and  the  print  of  his  feet  are  still  to  be  seen, 
and  hurled  his  bolts  among  them  till  the  whole  were 
slaughtered,  except  the  big  bull,  who  presenting  his 
forehead  to  the  shafts,  shook  them  off  as  they  fell ;  but 
missing  one  at  length,  it  wounded  him  in  the  side; 
whereon,  springing  round,  he   bounded  over  the  Ohio, 
over  the  Wabash,  the  Illinois,  and  finally  over  the  great 
lakes,  where  he  is  living  at  this  day."     It  is  well  known, 
that  on  the  Ohio,  and  in  many  parts  of  America  further 
north,  tusks,   grinders  and   skeletons  of  unparalleled 
magnitude,  are  found  in  great  numbers,  some  lying  on 
the  surface  of  the  earth,  and  some  a  little  below  it.     A 
Mr.  Stanley,  taken   prisoner  by  the   Indians  near  the 
mouth  of  the  Tanissee,   relates,  that  after  being  trans- 
ferred through   several  tribes,  from  one  to  another,  he 
was  at  length  carried  over  the  mountains  west  of  the 
Missouri  to  a  river  which  runs  westwardly :  that  these 
bones  abounded  there,  and  that  the   natives  described 
to  hinrthe  animal  to  which   they  belonged  as  still  ex- 
isting in   the   northern   parts   of  their  country ;    from 
which    description    he  judged    it    to   be    an    elephant. 
Bones  of  the  same  kind  have   been   lately  found,  some 
feet  below  the  surface  of  the  earth,  in  salines  opened 
pn  the  North  Holston,  a  branch  of  the  Tanissee,  about 


the  latitude  of  S6h°  north.  From  the  accounts  pub- 
lished in  Europe,  I  suppose  it  to  be  decided,  that  these 
are  of  the  same  kind  with  those  found  in  Siberia.  In- 
stances are  mentioned  of  like  animal  remains  found  in 
the  more  southern  climates  of  both  hemispheres  ;  but 
they  are  either  so  loosely  mentioned  as  to  leave  a  doubt 
of  the  fact,  so  inaccurately  described  as  not  to  author- 
ize the  classing  them  with  the  great  northern  bones,  or 
so  rare  as  to  found  a  suspicion  that  they  have  been  car- 
ried thither  as  curiosities  from  more  northern  regions. 
So  that  on  the  whole  there  seem  to  be  no  certain  ves- 
tiges of  the  existence  of  this  animal  further  south  than 
the  salines  last  mentioned.  It  is  remarkable  that  the 
tusks  and  skeletons  have  been  ascribed  by  the  natura- 
lists of  Europe  to  the  elephant,  while  the  grinders  have 
been  given  to  the  hippopotamus,  or  river  horse.  Yet 
it  is  acknowledged,  that  the  tusks  and  skeletons  are 
much  larger  than  those  of  the  elephant,  and  the  grind- 
ers many  times  greater  than  those  of  the  hippopota- 
mus, and  essentially  different  in  form.  Wherever  these 
grinders  are  found,  there  also  we  find  the  tusks  and 
skeleton  ;  but  no  skeleton  of  the  hippopotamus  nor 
grinders  of  the  elephant.  It  will  not  he  said  that  the 
hippopotamus  and  elephant  came  always  to  the  same 
spot,  the  former  to  dcposite  his  grinders,  and  the  latter 
his  tusks  and  skeleton.  For  what  became  of  the  parts 
not  deposited  there?  We  must  agree  then  that  these 
remains  belong  to  each  other,  that  they  are  of  one  and 
the  same  animal,  that  this  was  not  a  hippopotamus, 
because  the  hippopotamus  had  no  tusks  nor  such  a 
frame,  and  because  the  grinders  differ  in  their  size  as 
well  as  in  the  number  and  form  of  their  points.  That 
it  was  not  an  elephant.  1  think  ascertained  by  proofs 
equally  decisive.  I  will  not  avail  myself  of  the  au- 
thority of  the  celebrated*  anatomist,  who,  from  an  ex- 
amination of  the  form  and  structure  of  the  tusks,  has 
declared  they  were  essentially  different  from  those  of 
the  elephant ;  because  another j  anatomist,  equally  cele- 

*  Hunter.  +  D'Aubenton. 



brated,  has  declared,  on  a  like  examination,  that  they 
are  precisely  the  same.     Between  two  such  authorities 
I  will   suppose  this   circumstance   equivocal.     But,   1. 
The  skeleton  of  the  mammoth   (for  so  the  incognitum 
has  been  called)  bespeaks  an  animal  of  five  or  six  times 
the  cubit  volume  of  the  elephant,   as   Mons.  de  BufTbn 
has  admitted.     2.  The  grinders  are  five  times  as  large, 
are  square,  and  the  grinding  surface  studded  with  four 
or  five  rows  of  blunt    points  :    w  hereas  those  of  the 
elephant  are  broad  and  thin,  and  their  grinding  surface 
flat.     3.  I  have  never  heard  an  instance,  and  suppose 
there  has  been  none,  of  the  grinder  of  an  elephant  be- 
ing found  in  America.     4.  From  the  known  tempera- 
ture and  constitution   of  the  elephant  he  could  never 
have  existed  in  those  regions  where  the  remains  of  the 
mammoth  have  been  found.     The  elephant  is  a  native 
only  of  the  torrid  zone  and  its  vicinities :  if,  with  the 
assistance  of  warm  apartments  and  warm  clothing,  he 
has  been  preserved  in  life  in  the  temperate  climates  of 
Europe,  it  has  only  been  for  a  small  portion  of  what 
would  have  been  his  natural  period,  and  no  instance  of 
his  multiplication  in  them  has  ever  been  known.     But 
no  bones  of  the  mammoth,   as  I  have  before  observed, 
have  been  ever  found  further  south  than  the  salines  of 
the  Holston,  and  they  have   been  found  as  far  north  as 
the  Arctic  circle.     Those,  therefore,  who  are   of  opin- 
ion that  the  elephant  and  mammoth  are  the  same,  must 
believe,   1.  That  the  elephant  known  to   us  can  exist 
and  multiply  in  the  frozen  zone  ;  or,  2.  That  an  eternal 
fire  may  once  have  warmed   those   regions,  and  since 
abandoned  them,  of  which,  however,  the  globe   exhi- 
bits no  unequivocal  indications  ;  or,  3.  That  the  obli- 
quity of  the  ecliptic,  when   these   elephants  lived,  was 
so  great  as  to  include  within  the  tropics  all  those  re- 
gions in  which  the  bones  are  found  :  the  tropics  being, 
as  is  before  observed,  the   natural  limits  of  habitation 
for  the  elephant.     But  if  it  be  admitted   that  this  obli- 
quity has  really  decreased,  and  we   adopt  the  highest 
rate  of  decrease  yet  pretended,  that  is  of  one  minute 
in  a  century,  to  transfer  the  northern  tropic  to  the  Arc- 


tic  circle,  would  carry  the  existence  of  these  supposed 
elephants  250,000  years  back  ;  a  period  far  beyond  our 
conception  of  the  duration  of  animal  bones  left  expos- 
ed to  the  open  air,  as  these  are  in  many  instances. 
Besides,  though  these  regions  would  then  be  supposed 
within  the  tropics,  yet  their  winters  would  have  been 
too  severe  for  the  sensibility  of  the  elephant.  They 
would  have  had  too  but  one  day  and  one  night  in  the 
year,  a  circumstance  to  which  we  have  no  reason  to 
suppose  the  nature  of  the  elephant  fitted.  However, 
it  has  been  demonstrated,  that,  if  a  variation  of  obli- 
quity in  the  ecliptic  takes  place  at  all,  it  is  vibratory, 
and  never  exceeds  the  limits  of  9  degrees,  which  is  not 
sufficient  to  bring  these  bones  within  the  tropics.  One 
of  these  hypotheses,  or  some  other  equally  voluntary 
and  inadmissible  to  cautious  philosophy,  must  be  adopt- 
ed to  support  the  opinion  that  these  are  the  bones  of 
the  elephant.  For  my  own  part,  I  find  it  easier  to  be- 
lieve that  an  animal  may  have  existed,  resembling  the 
elephant  in  his  tusks,  and  general  anatomy,  while  his 
nature  was  in  other  respects  extremely  different.  From 
the  30th  degree  of  south  latitude  to  the  30th  of  north, 
are  nearly  the  limits  which  nature  has  fixed  for  the  ex- 
istence and  multiplication  of  the  elephant  known  to  us. 
Proceeding  thence  northwardly  to  36£  degrees,  we  en- 
ter those  assigned  to  the  mammoth.  The  further  we 
advance  north,  the  more  their  vestiges  multiply  as  far 
as  the  earth  has  been  explored  in  that  direction  ;  and 
it  is  as  probable  as  otherwise,  that  this  progression  con- 
tinues to  the  pole  itself,  if  land  extends  so  far.  The 
centre  of  the  frozen  zone  then  may  be  the  achme  of 
their  vigour,  as  that  of  the  torrid  is  of  the  elephant. 
Thus  nature  seems  to  have  drawn  a  belt  of  separation 
between  these  two  tremendous  animals,  whose  breadth 
indeed  is  not  precisely  known,  though  at  present  we 
may  suppose  it  about  G&  degrees  of  latitude;  to  have 
assigned  to  the  elephant  the  regions  south  of  these  con- 
fines, and  those  north  to  the  mammoth,  founding  the 
constitution  of  the  one  in  her  extreme  of  heat,  and  that 
of  the  other  in  the  extreme  of  cold.     When  the  Crea* 


tor  has  therefore  separated  their  nature  as  far  as  the 
extent  of  the  scale  of  animal  life  allowed  to  this  planet 
would  permit,  it  seems  perverse  to  declare  it  the  same, 
from  a  partial  resemblance  of  their  tusks  and  bones. 
But  to  whatever  animal  we  ascribe  these  remains,  it  is 
certain  such  a  one  has  existed  in  America,  and  that  it 
has  been  the  largest  of  all  terrestrial  beings.  It  should 
have  sufficed  to  have  rescued  the  earth  it  inhabited, 
and  the  atmosphere  it  breathed,  from  the  imputation  of 
impotence  in  the  conception  and  nourishment  of  ani- 
mal life  on  a  large  scale  :  to  have  stifled,  in  its  birth, 
the  opinion  of  a  writer,  the  most  learned  too  of  all 
others  in  the  science  of  animal  history,  that  in  the  new 
world,  '  La  nature  vivante  estbeaucoup  moins  agissan- 
te,  beaucoup  moins  forte  ;'*  that  nature  is  less  active, 
less  energetic  on  one  side  of  the  globe  than  she  is  on 
the  other.  As  if  both  sides  were  not  warmed  by  the 
same  genial  sun  ;  as  if  a  soil  of  the  same  chemical  com- 
position, was  less  capable  of  elaboration  into  animal 
nutriment  ;  as  if  the  fruits  and  grains  from  that  soil  and 
sun  yielded  a  less  rich  chyle,  gave  less  extension  to  the 
solids  and  fluids  of  the  body,  or  produced  sooner  in  the 
cartilages,  membranes  and  fibres,  that  rigidity  which 
restrains  all  further  extension,  and  terminates  animal 
growth.  The  truth  is,  that  a  Pigmy  and  a  Patagonian, 
Mouse  and  a  Mammoth,  derive  their  dimensions  from 
the  same  nutritive  juices.  The  difference  of  increment 
depends  on  circumstances  unsearchable  to  beings  with 
our  capacities.  Every  race  of  animals  seems  to  have 
received  from  their  Maker  certain  laws  of  extension  at 
the  time  of  their  formation.  Their  elaborative  organs 
were  formed  to  produce  tins,  while  proper  obstacles 
were  opposed  to  its  further  progress.  Below  these 
limits  they  cannot  fall,  nor  rise  above  them.  What  in- 
termediate station  they  shall  take  may  depend  on  soil, 
on  climate,  on  food,  on  a  careful  choice  of  breeders. 
But  all  the  manna  of  heaven  would  never  raise  the 
mouse  to  the  bulk  of  the  mammoth. 

*  Buffon,  xviii.  122  edit.  Paris,  1764. 


The  opinion  advanced  by  the  Count  de  BufFon,*  is 
1.  That  the  animals  common  both  to  the  old  and  new 
world,  are  smaller  in  the  latter.  2.  That  those  peculiar 
to  the  new  are  on  a  smaller  scale.  3.  That  those 
which  have  been  domesticated  in  both,  have  degenera- 
ted in  America :  and  4.  That  on  the  whole  it  exhibits 
fewer  species.  And  the  reason  he  thinks  is,  that  the 
heats  of  America  are  less;  that  more  waters  are  spread 
over  its  surface  by  nature,  and  fewer  of  these  drained 
off  by  the  hand  of  man.  In  other  words,  that  heat  is 
friendly,  and  moisture  adverse  to  the  production  and 
developement  of  large  quadrupeds.  I  will  not  meet 
this  hypothesis  on  its  first  doubtful  ground,  whether 
the  climate  of  America  be  comparatively  more  humid  ? 
Because  we  are  not  furnished  with  observations  suffi- 
cient to  decide  this  question.  And  though,  till  it  be 
decided,  we  are  as  free  to  deny,  as  others  are  to  affirm 
the  fact,  yet  for  a  moment  let  it  be  supposed.  The 
hypothesis,  after  this  supposition,  proceeds  to  another  ; 
that  moisture  is  unfriendly  to  animal  growth.  The 
truth  of  this  is  inscrutable  to  us  by  reasonings  a  priori. 
Nature  has  hidden  from  us  her  modus  agendi.  Our 
only  appeal  on  such  questions  is  to  experience  ;  and  I 
think  that  experience  is  against  the  supposition.  It  is 
by  the  assistance  of  heat  and  moisture  that  vegetables 
are  elaborated  from  the  elements  of  earth,  air,  water 
and  fire.  We  accordingly  see  the  more  humid  cli- 
mates produce  the  greater  quantity  of  vegetables. 
Vegetables  are  mediately  or  immediately  the  food  of 
every  animal :  and  in  proportion  to  the  quantity  of 
food,  we  see  animals  not  only  multiplied  in  their  num- 
bers, but  improved  in  their  bulk,  as  far  as  the  laws  of 
their  nature  will  admit.  Of  this  opinion  is  the  Count 
de  Buffon  himself  in  another  part  of  his  work  :1  "  en 
general  il  paroit  que  les  pays  un  peu  froids  convien- 
nent  mieux  a  nos  boeufs  que  les  pays  chauds,  et  qu'ils 
spnt  d'autant  plus  gross  et  plus  grands  que  le  climat 

*  Puffon,  xviii,  J00— 156.  t  viii.  134. 


est   plus  humide  et  plus  abondans  en  paturages.     Les 
boeufs  de   Danemarck,   de  la  Podolie,  de  l'Ulkraine  et 
de  la  Tartarie  qu  habitent  les  Calmouques  sont  les  plus 
grands  de  tous."     Here   then   a  race   of  animals,  and 
one  of  the  largest  too,  has  been  increased  in  its  dimen- 
sions by   cold  and  moisture,  in  direct   opposition  to  the 
hypothesis,  which  supposes  that  these  two  circumstan- 
ces diminish  animal  bulk,  and  that  it  is  their  contraries 
heat  and  dryness  which  enlarge   it.     But  when  we  ap- 
peal to   experience,  we  are  not  to  rest  satisfied  with  a 
single  fact.     Let  us  therefore  try  our  question  on  more 
general  ground.     Let  us  take  two  portions  of  the  earth, 
Europe  and  America  for  instance,  sufficiently  extensive 
to   give   operation  to   general  causes  ;  let  us  consider 
the  circumstances  peculiar  to  each,  and  observe  their 
effect  on  animal  nature.     America  running  through  the 
torrid  as  well  as  temperate  zone,  has  more  heat  collec- 
tively taken,  than   Europe.     But  Europe,  according  to 
our  hypothesis,  is  the  dryest.     They  are  equally  adapt- 
ed then   to   animal  productions ;   each  being  endowed 
wTith  one  of  those  causes  which  befriend  animal  growth, 
and  with  one  which  opposes  it.     If  it  be  thought  une- 
qual  to  compare   Europe   with  America,  which   is  so 
much  larger,   I  answer,  not  more  so  than  to  compare 
America  with  the  whole  world.     Besides,  the  purpose 
of  the  comparison  is  to  try  an  hypothesis,  which  makes  ■ 
the  size  of  animals  depend  on  the  heat  and  moisture  of 
climate.     If  therefore  we  take  a  region,  so  extensive  as 
to  comprehend  a  sensible  distinction  of  climate,  and  so 
extensive  too  as  that  local  accidents,  or  the  intercourse 
of  animals  on  its  borders,  may  not  materially  affect  the 
size  of  those  in  its  interior  pa  its,  we  shall  comply  with 
those  conditions  which  the  hypothesis  may  reasonably 
demand.     The   objection  would  be  the  weaker  in  the 
present  case,  because  any  intercourse  of  animals  which 
may  take  place  on  the  confines  of  Europe  and  Asia,  is 
to  the   advantage   of  the   former,  Asia  producing  cer- 
tainly larger  animals  than  Europe.     Let  us  then   take 
a  comparative  view  of  the  quadrupeds  of  Europe  and 


America,  presenting  them  to  the  eye  in  three  different 
tables,  in  one  of  which  shall  be  enumerated  those 
found  in  both  countries  ;  in  a  second,  those  found  in 
one  only  ;  in  a  third,  those  which  have  been  domestica- 
ted in  both.  To  facilitate  the  comparison,  let  those  of 
each  table  be  arranged  in  gradation  according  to  their 
sizes,  from  the  greatest  to  the  smallest,  so  far  as  their 
sizes  can  be  conjectured.  The  weights  of  the  large 
animals  shall  be  expressed  in  the  English  avoirdupoise 
pound  and  its  decimals  :  those  of  the  smaller  in  the  same 
ounce  and  its  decimals.  Those  which  are  marked 
thus,*  are  actual  weights  of  particular  subjects,  deemed 
among  the  largest  of  their  species.  Those  marked 
thus,f  are  furnished  by  judicious  persons,  well  acquaint- 
ed with  the  species,  and  saying,  from  conjecture  only, 
what  the  largest  individual  they  had  seen  would  proba- 
bly have  weighed.  The  other  weights  are  taken  from 
Messrs.  Buffon  and  D'Aubenton,  and  are  of  such  sub- 
jects as  came  casually  to  their  hands  for  dissection. 
This  circumstance  must  be  remembered  where  their 
weights  and  mine  stand  opposed :  the  latter  being 
stated,  not  to  produce  a  conclusion  in  favour  of  the 
American  species,  but  to  justify  a  suspension  of  opinion 
until  we  are  better  informed,  and  a  suspicion,  in  the 
mean  time,  that  there  is  no  uniform  difference  in  fa- 
vour of  either;  which  is  all  I  pretend. 


A  comparative  view  of  the  Quadrupeds  of  Europe  and  of 



Mammoth  , 

Buffalo.     Bison 

White  bear.     Ours  blanc 

Carribou.     Renne         .         . 

Bear.     Ours     .         .         . 

Elk.     Elan.     Original  palmated 

Red  deer.     Cerf 

Fallow  deer.      Dairn      .         . 

Wolf.     Loup    . 

Roe.     Chevreuil  . 

Glutton.     Glouton.     Carcajou 

Wild  cat.     Chat  sauvage     . 

Lynx.     Loup  cervier  . 

Beaver.     Castor  ,         . 

Badger.     Blaireau     . 

Red  fox.     Renard         * 

Grey  fox.     Isatis      .         . 

Otter.     Loutre        . 

Monax.     Marmotte  . 

Vison.     Fouine    .  . 

Hedgehog.     Herrisson 

Marten.     Marte  . 

Water  rat.     Rat  d'eau     . 
Weasel.     Belette 
Flying  squirrel.     Polatouche 
Shrew  mouse.    Musaiaigne 





.     «     • 




288. 8 





•          •           • 

























Sanglier.     Wild  boar 




Mouflon.     Wild  sheep 


Elk,  round  horned     . 


Bouquetin.     Wild  goat 

Puma               .         .         . 

Lievre.     Hare 


Jugar         ... 


Lapin.     Rabbit.        . 


Cabiai              .         .         . 


Putois.     Polecat   . 


Tamanoire         .         . 


Genette    .         .         . 


Tammandua  .         . 


Desman.     Muskrat 


Cougar  of  North  America 


Ecureuil.     Squirrel 


Cougar  of  South  America 


Herraine.     Ermin 



Rat.     Rat 


Pecari     . 


Loirs      . 


Jaguaret    .         . 


Lerot.     Dormouse    . 


Alco                           . 

Taupe.     Mole 


Lama         .         .         . 



Paco        .         .         .         . 

Zisel                .         . 

Paca          . 


Leming    .         .         . 

Serval     .          .          .          , 

Souris.     Mouse 


Sloth.     Unau     . 
Kincajnu   .          .          . 



Tatou  Kabassou     .         . 
Urson.     Urchin 


Raccoon.     Raton  . 


Coati          ... 

Coendou           . 


Sloth.     Ai' 


Sapajou  Ouarini     . 

Sapajou  Coaita 


Tatou  Encubert      .         . 

Tatou  Apar       ,          . 

Tatou  Cachica        . 



Little  Coendou  . 


Opossum.      Sarigu  . 



Carbier      .         .         . 

Agouti                                  , 


Sapajou  Sai'       .          . 


Tatou  Cirquincon  .          . 

Tatou  Tatouate          . 


Mouffette  Squash    . 

Mouffette  Chinche     . 

Mouffette  Coqepate 









MjouflFette.     Zorilla 

Whabus.    Hare.    Rabbi 

Aperea       .         . 

Akouchi  •  . 

Ondatra.     Muskrat 


Great  grey  squirrel 

Fox  squirrel  of  Virgi 



Sapajou.      Sajou      . 

Indian  pig.  Cocbon  d' 

Sapajou  Sainiiri 



Lesser  grey  squirrel 

Black  squirrel 

Red  squirrel 

Sagoin  Saki     . 

S^goki  Pinche    . 

Sagoin  Tamarin 

Sagoin  Ouistiti  . 

Sngoin   Marakine    . 

Sagoin  Mico 




Sarigue  of  Cayenne 


Red  mole  .         . 

Ground  squirrel 




+  1.5 

11  5 

10.  oz. 


























I  have  not  inserted  in  the  first  table  the  Phoca,*  nor 
leather  winged  bat,  because  the  one  living  half  the  year 
in  the  water,  and  the  other  being  a  winged  animal, 
the  individuals  of  each  species  may  visit  both  conti- 

Of  the  animals  in   the  first  table,  JMons.   de  Buffon 
himself  informs  us,  [XXVII.  130.  XXX.  213.]  that  the 
beaver,  the  otter,  and  shrew  mouse,  though  of  the  same 
species,  are  larger  in  America  than  in  Europe.     This 
should  therefore   have   corrected  the  generality  of  his 
expressions,  XVIII.  145.  and  elsewhere,  that  the  ani- 
mals common   to  the  two   countries,   are  considerably 
less  in  America  than  in  Europe, '  et  cela  sans  aucune  ex- 
ception.'    He  tells  us  too,   [Quadrup.  VIII.  344.    edit. 
Paris,  1777]  that  on  examining  a  bear  from  America,  he 
remarked  no   difference,  '  dans  la  forme   de  cet    ours 
d'Amerique  compare  a  celui  d'Europe  ;'  but  adds  from 
Bartram's    journal,    that  an    American   bear    weighed 
4001b.  English,  equal  to  3671b.  French  :  whereas  we 
find  the  European  bear  examined  by  M.  D'Aubenton, 
[XVII.  82.]   weighed  but    1411b.    French.      That  the 
palmated  elk  is  larger  in  America  than  in  Europe,  we 
are  informed  by   Kalm,f  a  naturalist  who  visited  the 
former  by  public  appointment,  for  the  express  purpose 
of  examining  the  subjects  of  natural  history.     In   this 
fact   Pennant  concurs  with   him.     [Barrington's    Mis- 
cellanies.]     The  same  Kalm  tells  us|  that  the  black 
moose,  or  renne  of  America  is  as  high  as  a  tall  horse  ; 
and  Catesby,§  that  it  is  about  the  bigness  of  a  middle 
sized  ox.     The   same  account   of  their  size  has  been 
given   me   by   many  who  have  seen  them.     But  JMons. 
D'Aubenton  says||   that  the  renne  of  Europe  is  about 

*  It  is  said,  that  this  animal  is  sehlom  seen  above  30  miles 
from  the  shore,  or  beyond  the  56th  degree  of  latitude.  The 
interjacent  islands  between  Asia  and  America  admit  his  passing 
from  one  continent  to  the  other  without  exceeding  these  bounds, 
And  in  fact,  travellers  tells  us  that  these  islands  are  places  of 
principal  resort  for  them,  and  especially  in  the  season  of  bring- 
ing forth  their  youn^.  t  I.  233.  Loud.  1772. 

%  I.  233.  Lond.  177*.  J  I.  xxvii.  ||  XXIV.  162. 


the  size  of  a  red  deer.     The  weasel  is  larger  in  Ameri- 
ca than  in  Europe,  as  may  be  seen  by  comparing  its 
dimensions  as  reported    by   Mons.    D'Aubenton*  and 
Kalm.     The  latter  tells  us,f  that  the  lynx,  badger,  red 
fox,  and  flying  squirrel,  are  the  same  in  America  as  in 
Europe  :  by   which   expression  I  understand,  they  are 
the  same  in  all  material  circumstances,  in  size  as  well 
as  others  :  for  if  they  were  smaller  they  would   differ 
from  the  European.     Our  gray  fox  is,  by  Catesby's  ac- 
count,:}: little   different  in  size  and  shape  from  the  Eu- 
ropean fox.     I   presume   he  means  the  red  fox  of  Eu- 
rope, as  does  Kalm,  where  he  says,§  that  in  size  '  they 
do  not  quite  come  up  to  our  foxes.'     For  proceeding 
next  to  the   red  fox  of  America,  he  says  •  they  are  en- 
tirely the  same  with  the   European  sort ;'  which  shows 
he  had  in  view  one  European  sort  only,  which  was  the 
red.     So  that  the  result  of  their  testimony  is,  that  the 
American  gray  fox  is  somewhat  less  than  the  European 
red  ;  which  is   equally  true  of  the  gray  fox  of  Europe, 
as  may  be  seen  by  comparing  the  measures  of  the  Count 
t  de   Button  and   Mons.  D'Aubenton. ||     The  white  bear 
of  America  is  as  large  as  that  of  Europe.     The  bones 
of  the  mammoth  which  have  been  found  in  America,  are 
as  large   as  those  found  in   the  old   world.     It  may  be 
asked,  why  I  insert  the  mammoth,  as  if  it  still  existed? 
I  ask   in   return,  why   I  should  omit  it,  as  if  it  did  not 
exist?     Such  is  the   economy  of  nature,   that   no   in- 
stance can   be   produced,  of  her  having  permitted  any 
one  race  of  her  animals  to  become  extinct;  of  her  hav- 
ing formed  any  link  in  her  great  work  so  weak  as  to  be 
broken.     To   add   to  this,  the  traditionary  testimony  of 
the  Indians,  that  this  animal  still  exists  in  the  northern 
and   western    parts  of  America,  would  be   adding  the 
light  of  a  taper  to  that  of  the   meridian  sun.     Those 
parts  still  remain  in  their  aboriginal  state,  unexplored, 
and   undisturbed  by  us,  or  by  others  for  us.     He  may 
as  well  exist  there  now,  as  he  did  formerly  where  we 
find  his  bones.     If  he  be  a  carnivorous  animal,  as  some 

*XV.42.     t  I.  359. 1.  48.  221. 251.  II.  58.     J  II,  78.     t  1.  220. 
||  XXVII.  63.  XIV.  119.  Harris,  II.  387.  Buffon.  Quad.  IX.  1. 


anatomists  have  conjectured,  and  the  Indians  affirm, 
his  early  retirement  may  be  accounted  for  from  the  ge- 
neral destruction  of  the  wild  game  by  the  Indians, 
which  commences  in  the  first  instant  of  their  connex- 
ion witli  us,  for  the  purpose  of  purchasing  match  coats, 
hatchets,  and  firelocks  with  their  skins.  There  remain 
then  the  buffaloe,  red  deer,  fallow  deer,  wolf,  roe, 
glutton,  wild  cat,  moiiax,  vison,  hedgehog,  marten,  and 
water  rat,  of  the  comparative  sizes  of  which  we  have 
not  sufficient  testimony.  It  does  not  appear  that 
Messrs.  de  Buffon  and  L,'Aubenton  have  measured, 
weighed,  or  seen  those  of  America.  It  is  said  of  some 
of  them,  by  some  travellers,  that  they  are  smaller  than 
the  European.  But  who  were  these  travellers  ?  Have 
they  not  been  men  of  a  very  different  description  from 
those  who  have  laid  open  to  us  the  other  three  quar- 
ters of  the  world  ?  Was  natural  history  the  object  of 
their  travels  ?  Did  they  measure  or  weigh  the  animals 
they  speak  of?  or  did  they  not  judge  of  them  by  sight, 
or  perhaps  even  from  report  only  ?  Were  they  ac- 
quainted with  the  animals  of  their  own  country,  with 
which  they  undertake  to  compare  them  ?  Have  they 
not  been  so  ignorant  as  often  to  mistake  the  species  ? 
A  true  answer  to  these  questions  would  probably  light- 
en their  authority,  so  as  to  render  it  insufficient  for  the 
foundation  of  an  hypothesis.  How  unripe  we  yet  are, 
for  an  accurate  comparison  of  the  animals  of  the  two 
countries,  will  appear  from  the  work  of  Monsieur  de 
Buffon.  The  ideas  we  should  have  formed  of  the  sizes 
of  some  animals,  from  the  information  he  had  received 
at  his  first  publications  concerning  them  are  very  dif- 
ferent from  what  his  subsequent  communications  give 
us.  And  indeed  bis  candour  in  this  can  never  be  too 
much  praised.  One  sentence  of  his  book  must  do  him 
immortal  honour.  '  J'aime  autante  une  personne  qui 
me  releve  d'une  erreur,  qu'une  autre  qui  m'apprend 
une  verite,  parce  qu'en  effect  une  erreur  corrigee  est 
line  verite.'*     He  seems  to  have  thought  the  cabiai  ho 

*  Quad.  IX.  158. 


first  examined  wanted  little  of  its  full  growth.  ■  II  n'e- 
toit  pas  encore  tout-a-fait  adulte.'*  Yet  he  weighed 
but  46  l-21b.  and  he  found  after\vards,f  that  these  ani- 
mals, when  full  grown,  weigh  2001b.  He  had  supposed, 
from  the  examination  of  a  jugar,J  said  to  be  two  years 
old,  which  weighed  but  161b.  12  oz.  that  when  he  should 
have  acquired  his  full  growth,  he  would  not  be  larger 
than  a  middle  sized  dog.  But  a  subsequent  account^ 
raises  his  weight  to  2001b.  Further  information  will, 
doubtless,  produce  further  corrections.  The  wonder  is, 
not  that  there  is  yet  something  in  this  great  work  to 
correct,  but  that  there  is  so  little.  The  result  of  this 
view  then  is,  that  of  26  quadrupeds  common  to  both 
countries,  7  are  said  to  be  larger  in  America,  7  of  equal 
size,  and  12  not  sufficiently  examined.  So  that  the 
first  table  impeaches  the  first  member  of  the  assertion, 
that  of  the  animals  common  to  both  countries,  the 
American  are  smallest,  '  et  cela  sansaucune  exception.' 
It  shows  it  not  just,  in  all  the  latitude  in  which  its 
author  has  advanced  it,  and  probably  not  to  such  a 
degree  as  to  found  a  distinction  between  the  two  coun- 

Proceeding  to  the  second  table,  which  arranges  the 
animals  found  in  one  of  the  two  countries  only,  Mons. 
de  Buffon  observes,  that  the  tapir,  the  elephant  of  Ame- 
rica, is  but  of  the  size  of  a  small  cow.  To  preserve 
our  comparison,  I  will  add,  that  the  wild  boar,  the  ele- 
phant of  Europe,  is  little  more  than  half  that  size.  I 
have  made  an  elk  with  round  or  cylindrical  horns  an 
animal  of  America,  and  peculiar  to  it ;  because  I  have 
seen  many  of  them  myself,  and  more  of  their  horns ; 
and  because  I  can  say,  from  the  best  information,  that,' 
in  Virginia,  this  kind  of  elk  has  abounded  much,  and 
still  exists  in  smaller  numbers  ;  and  I  could  never  learn 
that  the  palmated  kind  had  been  seen  here  at  all.  I 
suppose  this  confined  to  the  more  northern  latitudes. || 

*  XXV.  184.     t  Quad.  IX.  132.     J  XIX.  2.     }  Quad.  IX.  41. 

||  The  descriptions  of  Theodat,  Denys  and  La  Honton,  cited 
by  Mons.  de  Buffon,  under  the  article  Elan,  authorize  the  sup- 
position, that  the  flat  horned  elk  is  found  in  the  northern  parts 


I  have  made  our  hare  or  rabbit  peculiar,  believing  it  to 
be  different  from  both  the  European  animals   of  those 

-of  America.     It  has  not,  however,  extended  to  our  latitudes. 
On  the  other  hand,  I  could  never  learn  that  the   round  horned 
elk  has  been  seen  further  north  than  the   Hudson's  river.     This 
agrees  with  the  former  elk  in  its  general  character,  being,  like 
that,  when  compared   with  a   deer,  very   much  larger,  its  ears 
•longer,  broader,   and  thicker  in  proportion,  its  hair   much  long- 
er, neck  and  tail   shorter,  having   a  dewlap  before   the  breast 
(caruncula  gutturalis  Linnaei)  a  white  spot  often,  if  not  always, 
of  a   foot  diameter,  on    the  hinder   part   of  the   buttocks  round 
the  tail  ;  its  gait   a  trot,   and  attended   with  a  rattling  of  the 
hoofs  ;    but   distinguished    from    that  decisively    by    its    horns, 
which    are   not  pahnated,  but  round   and  pointed.     This  is  the 
animal  described   by  Catesby  as  the  Cervus  major  Americanus, 
the  stag  of  America,  le  Cerf  de  l'Amerique.     But  it  differs  from 
the  Cervus  as  totally,  as  does  the  palmated  elk  from  the  dama. 
And  in  fact  it  seems  to  stand  in  the  same  relation  to  the  palmat- 
ed elk,  as  the  red  deer  does  to  the  fallow.     It  has  abounded  in 
Virginia,  has   been  seen,  within  my  knowledge,  on  the  eastern 
side  of  the   Blue  ridge  since  the  year  1765,   is   now  common  be- 
yond those  mountains,  has  been  often  brought  to  us  and   tamed, 
and  its  horns  are  in  the  hands  of  many.     1   should  designate  as 
the  £  Alces  Americanus  cornibus  teretibus.''     It  were  to  be  wish- 
ed, that  naturalists,  who  are  acquainted   with  the  renne  and  elk. 
of  Europe,  and    who   may    hereafter  visit    the  northern  parts  of 
America,   would   examine  well  the  animals  called  there  by  the 
names    of  gray    and    black  moose,   caribou,    original    and   elk 
JVlons.  de  Buflbn  has  done  what  could  be  done  from  the  materi- 
als in  his  hands,  towards  clearing  up  the  confusion  introduced 
by  the  loose  application  of  these  names  among  the  animals  they 
are  meant  to  designate.     He  reduces  the  whole  to  the  renne  and 
flat  horned  elk.     From  all  the  information  I   have  been  able  to 
collect,  I   strongly  suspect  they  will  be  found  to   cover  three,  if 
not    four    distinct   species   of  animals.      I   have  seen  skins  of  a 
moose,   and  of  the   caribou  :  they  differ  more  from  each  other, 
and  from  that  of  the   round   horned  elk,   than   1  ever   saw  two 
skins  differ  which  belonged   to  different  individuals  of  any  wild 
species.     These  differences  are  in  the  colour,  length,  and  coarse- 
ness of  the  hair,  and  in  the  size,  texture  and  marks  of  the  skin. 
Perhaps  it  will  be  found  that  there  is,   1.  the  moose,  black  and 
gray,  the  former  being  said  to  be  the  male,  and  the  latter  the  fe- 
male.    2,   The  caribou  or  renne.     3.  The  flat  homed  elk,  or  ori- 
ginal.    4.  The  round  horned  elk.     Should  this  last,  though  pos- 


denominations,  and  calling  it  therefore  by  its  Algon- 
quin name,  Whabus,  to  keep  it  distinct  from  these. 
Kalm  is  of  the  same  opinion.*  1  have  enumerated  the 
squirrels  according  to  our  own  knowledge  derived  from 
the  daily  sight  of  them,  because  I  am  not  ahie  to  recon- 
cile with  that  the  European  appellations  and  descrip- 
tions. I  have  heard  of  other  species  hut  they  have 
never  come  within  my  own  notice.  These,  I  think, 
are  the  only  instances  in  which  I  have  departed  from 
the  authority  of  Mons.  de  Buffon  in  the  construction  of 
this  table.  I  take  him  for  my  ground  work,  because  I 
think  him  the  best  informed  of  any  naturalist  who  has 
ever  written.  The  result  is,  that  there  are  18  quadru- 
peds peculiar  to  Europe  ;  more  than  four  times  as  many, 
to  wit  74,  peculiar  to  America  ;  that  thef  first  of  these 
74  weighs  more  than  the  whole  column  of  Europeans  ; 
and  consequently  this  second  table  disproves  the  second 
member  of  the  assertion,  that  the  animals  peculiar  to 
the  new  world  are  on  a  smaller  scale,  so  far  as  that  as- 
sertion relied  on  European  animals  for  support :  and  it 
is  in  full  opposition  to  the  theory  which  makes  the  ani- 
mal volume  to  depend  on  the  circumstances  ot'heat  and 

The  third  table  comprehends  those  quadrupeds  only 
which  are  domestic  in  both  countries.  That  some  of 
these,  in  some  parts  of  America  have  become  less  than 

sessing  so  nearly  the  characters  of  the  elk,  be  found  to  be  the 
same  with  the  Cerf  d'Ardennes  or  Brandhirtz  of  Germany,  still 
there  will  remain  the  three  species  first  enumerated. 

*   Kalm  II.  340,  I.  82. 

t  The  Tapir  is  the  largest  cf  the  animals  peculiar  to  Ame- 
rica. 1  collect  his  weight  thus.  Mons.  de  BufFon  says,  XXIII. 
274,  that  he  is  of  the  size  of  a  Zebu,  or  a  small  cow.  He  gives 
us  the  measures  of  a  Zebu,  ib.  94.  as  taken  by  himself,  viz.  5  feet 
7  inches  from  the  muzzle  to  the  root  of  the  tail,  and  5  feet  1  inch 
circumference  behind  the  fore  legs.  A  bull,  measuring  in  the 
same  way  6  feet  9  inches  and  5  feet  2  inches,  weighed  6001b. 
VIII.  153.  The  Zebu  then,  and  of  course  the  Tapir,  would 
weigh  about  £001b.  But  one  individual  of  every  species  of  Euro- 
pean peculiars  would  probably  weigh  less  than  4001b.  These 
are  French  measures  and  weights. 


their  original  stock,  is  doubtless  true  ;  and  the  reason 
is  very  obvious.  In  a  thinly  peopled  country,  the  spon- 
taneous productions  of  the  forests  and  waste  fields  are 
sufficient  to  support  indifferently  the  domestic  animals 
of  the  farmer,  with  a  very  little  aid  from  him  in  the  se- 
verest and  scarcest  season.  He  therefore  finds  it  more 
convenient  to  receive  them  from  the  hand  of  nature  in 
that  indifferent  state,  than  to  keep  up  their  size  by  a 
care  and  nourishment  which  would  cost  him  much  la- 
bour. If,  on  this  low  fare,  these  animals  dwindle,  it  is 
no  more  than  they  do  in  those  parts  of  Europe  where 
the  poverty  of  the  soil,  or  poverty  of  the  owner,  redu- 
ces them  to  the  same  scanty  subsistence.  It  is  the  uni- 
form effect  of  one  and  the  same  cause,  whether  acting 
on  this  or  that  side  of  the  globe.  It  would  be  erring, 
therefore  against  that  rule  of  philosophy,  which  teach- 
es us  to  ascribe  like  effects  to  like  causes,  should  we 
impute  this  diminution  of  size  in  America  to  any  imbe- 
cility or  want  of  uniformity  in  the  operations  of  nature. 
It  may  be  affirmed  with  truth,  that,  in  those  countries 
and  with  those  individuals  of  America,  where  necessity 
or  curiosity  has  produced  equal  attention  as  in  Europe 
to  the  nourishment  of  animals,  the  horses,  cattle,  sheep 
and  hogs  of  the  one  continent  are  as  large  as  those  of 
the  other.  There  are  particular  instances,  well  attest- 
ed, where  individuals  of  this  country  have  imported 
good  breeders  from  England,  and  have  improved  their 
size  by  care  id  the  course  of  some  years.  To  make  a 
fair  comparison  between  the  two  countries,  it  will  not 
answer  to  bring  together  animals  of  what  might  be 
deemed  the  middle  or  ordinary  size  of  their  species  ; 
because  an  error  in  judging  of  that  middle  or  ordinary 
size  would  vary  the  result  of  the  comparison.  Thus 
Mons.  D'Aubenton*  considers  a  horse  of  4  feet  5  inches 
high  and  4001b.  weight  French,  equal  to  4  feet  8.G  inches 
and  43Glb.  English,  as  a  middle  sized  horse.  Such  a 
one  is  deemed  a  small  horse  in  America.  The  ex- 
tremes must  therefore  be  resorted  to.     The  same  ana- 

•  VII.  432. 


lomist*  dissected  a  horse  of  5  feet  9  inches  height,French 
pleasure,  equal  to  6  feet  1.7  English.  This  is  near  6 
inches  higher  than  any  horse  I  have  seen  :  and  could 
it  be  supposed  that  I  had  seen  the  largest  horses  in 
America,  the  conclusion  would  he,  that  ours  have  di- 
minished, or  that  we  have  bred  from  a  smaller  stock. 
In  Connecticut  and  Rhode  Island,  where  the  climate 
is  favourable  to  the  production  of  grass,  bullocks  have 
been  slaughtered  which  weighed  2500,  2200,  and  21- 
001b.  nett  ;  and  those  of  18001b.  have  been  frequent.  I 
have  seen  a  hogf  weigh  10501b.  after  the  blood*,  bowels, 
and  hair  had  been  taken  from  him.  Before  he  was 
killed,  an  attempt  was  made  to  weigh  him  with  a  pair  of 
steel-yards,  graduated  to  12001b.  but  he  weighed  more. 
Yet  this  hog  was  probably  not  within  50  generations  of 
the  European  stock.  I  am  well  informed  of  another 
which  weighed  11001b.  gross.  Asses  have  been  still 
more  neglected  than  any  other  domestic^  animal  in 
America.  They  are  neither  fed  nor  housed  in  the  most 
rigorous  season  of  the  year.  Yet  they  are  larger  than 
those  measured  by  Mons.  D'Aubenton,|  of  3  feet  7  1-4 
inches,  3  feet  4  inches,  and  3  feet  2  1-2  inches,  the  lat- 
ter weighing  only  215.81b.  These  sizes,  I  suppose, 
have  been  produced  by  the  same  negligence  in  Europe, 
which  has  produced  a  like  diminution  here.  Where 
care  has  been  taken  of  them  on  that  side  of  the  water, 
they  have  been  raised  to  a  size  bordering  on  that  of  a 
horse  ;  not  by  the  heat  and  dryness  of  the  climate,  but 
by  good  food  and  shelter.  Goats  have  been  also  much 
neglected  in  America.  Yet  they  are  very  prolific  here, 
bearing  twice  or  three  times  a  year,  and  from  one  to 
five  kids  at  a  birth.  Mons.  de  Buffon  has  been  sensible 
of  a  difference  in  this  circumstance  in  favour  of  Ameri- 
ca.§  But  what  are  their  greatest  weights,  I  cannot  say. 
A  large  sheep  here  weighs  1001b.  I  observe  Mons. 
D'Aubenton  calls  a  ram  of  621b.  one  of  the  middle 
eize.JI     But  to  say  what  are  the  extremes  of  growth  in 

*  VII.  474.     t  In  Williamsburg,  April  1769.  %  VIII.  48.55.66, 
5  XVIII.  96,  II  IX.  41. 


these  and  the  other  domestic  animals  of  America,  would 
require  information  of  which  no  one  individual  is  pos- 
sessed. The  weights  actually  known  and  stated  in  the 
third  table  preceding  will  suffice  to  show,  that  we  may 
conclude,  on  probable  gounds,  that,  with  equal  food  and 
care,  the  climate  of  America  will  preserve  the  races  of 
domestic  animals  as  large  as  the  European  stock  from 
which  they  are  derived  ;  and  consequently  that  the  third 
member  of  Mons.  de  BufFon's  assertion,  that  the  domes- 
tic animals  are  subject  to  degeneration  from  the  climate 
of  America,  is  as  probably  wrong  as  the  first  and  sec- 
ond were  certainly  so. 

That  the  last  part  of  it  is  erroneous,  which  affirms 
that  the  species  of  American  quadrupeds  are  compara- 
tively few,  is  evident  from  the  tables  taken  together. 
By  these  it  appears  that  there  are  an  hundred  species 
aboriginal  of  America.  Mons.  de  Buffon  supposes  about 
double  that  number  existing  on  the  whole  earth.*  Of 
these  Europe,  Asia  and  Africa,  furnish  suppose  126; 
that  is,  the  26  common  to  Europe  and  America,  and 
about  100  which  are  not  in  America  at  all.  The  Ameri- 
can species  then  are  to  those  of  the  rest  of  the  earth,  as 
100  to  126,  or  4  to  5.  But  the  residue  of  the  earth  be- 
ing double  the  extent  of  America,  the  exact  proportion 
would  have  been  but  as  4  to  8. 

Hitherto  I  have  considered  this  hypothesis  as  applied 
to  brute  animals  only,  and  not  in  its  extension  to  the 
man  of  America,  whether  aboriginal  or  transplanted. 
It  is  the  opinion  of  Mons.  de  Buffon  that  the  former  fur- 
nishes no  exception  to  it.f  "  Quoique  le  suuvage  du 
nouveau  monde  soit  d  peupris  dt  mime  stature  que  Vhomme 
de  notre  monde,  cela  ne  sujjit  pas  pour  qxCil  puisse  /aire 
une  exception  an  fait  giniral  du  raptlissemcnt  de  la  nature 
vivante  dans  tout  ce  continent :  le  saurasre  est  foible  &f  petit 
par  les  organes  de  la  giniration;  il  tCa  ni  poil,  ni  barbe, 
fy  nulle  ardeur  pour  sa  femelle.  Quoique  plus  tiger  que 
VEuropien,  parce  quHl  a  plus  d'habitude  it  courir,  it  est 
cependaut  beaucoup  moins  fort  de  corps ;  il  est  aussi  bien 

*  XXX.  219.  t  xviii.  116. 


moins  sensible,  fy  cependant  plus  craintiffy  plus  lache  } 
il  rCa  nulle  vivacite,  nulle  activite  dans  Vame ;  telle  du 
corps  est  moins  un  exercice,  un  mouvement  voluntaire 
qu'une  necessite  d' action  causee  par  le  besoin  ;  otez  lui  la 
/aim  8>f  la  soif,  vous  detruirez  en  meme  temps  le  principe 
actif  de  tous  ses  mouvemens  ;  il  demeurera  stupidement  en 
repos  sur  ses  jambes  ou  couche  pendant  des  jours  entiers. 
line  faut  pas  aller  chercher  plus  loin  la  cause  de  la  vie 
dispersee  des  sauvages  fy  de  leur  eloignement  pour  la 
societe  :  la  plus  precieuse  etincelle  du  feu  de  la  nature  leur 
a  He  refuste  ;  Us  manquent  d'ardeur  pour  leur  femelle,  &f 
par  consequent  d' 'amour  pour  leur  semblables :  ne  connois- 
sant  pas  V attachment  le  plus  vif  le  plus  tendre  de  tous, 
leurs  autres  sentimens  de  ce  genre,  sont  froids  8g  lan^uis- 
sans  :  Us  aiment  foiblement  leurs  peres  fy  leurs  enfans  ;  la 
societe  la  plus  intime  de  toutes,  celle  de  la  meme  famille, 
n'adoncchez  eux  que  de  foibles  liens;  la  societe  d'une 
famille  a  V autre  rten  a  point  de  tout :  des  lors  nulle 
reunion,  nulle  republique,  nulle  etat  social.  La  physique 
de  V  amour  fait  chez  eux  le  moral  des  mceurs ;  leur  cceur  est 
glace,  leur  societe  fy  leur  empire  dur.  Us  ne  regardent 
leurs  femmes  que  comme  des  servantes  de  peine  ou  des  betes 
desomme  quHls  chargent,sans  management,  du  fardeau  de 
leur  chasse,  fy  quails  forcent,  sans  pitie,  sans  reconnois- 
sance,  a  des  ouvrages  qui  souvent  sont  audessus  de  leurs 
forces  :  Us  n^ont  quepeu  d\nfans  ;  Us  en  ont  peu  de  soin  : 
tout  se  ressent  de  leur  premier  defaut ;  Us  sont  indifferents 
parce  quHls  sont  peu  puissants,  fy  cette  indifference  pour  la 
sexe  est  la  tache  originelle  qui  ffetrit  la  nature,  qui  Vem- 
peche  de  s'epanouir,  &f  qui  detruisant  les  germes  de  la  vie, 
coupe  en  meme  temps  la  racine  de  la  societe.  Uhomme  ne 
fait  done  point  d? exception  ici.  La  nature  en  lui  refusant 
les  puissances  de  Vamour  Vaplus  maltraite  fy  plus  rapetisse 
qu'aucun  des  animauz."  An  afflicting  picture,  indeed, 
which  for  the  honour  of  human  nature,  I  am  glad  to  be- 
lieve has  no  original.  Of  the  Indian  of  South  America 
I  know  nothing  ;  for  1  would  not  honour  with  the  ap- 
pellation of  knowledge,  what  I  derive  from  the  fables 
published  of  them.  These  I  believe  to  be  just  as  true 
as  the  fables  of  Esop.    This  belief  is  founded  on  what 


I  have  seen  of  man,  white,  red  and  black,  and  what  has 
been  written  of  him  by  authors,  enlightened  themselves, 
and  writing  amidst  an  enlightened  people.  The  Indian 
of  North  America  being  more  within  our  reach,  I  can 
speak  of  him  somewhat  from  my  own  knowledge,  but 
more  from  the  information  of  others  better  acquainted 
with  him,  and  on  whose  truth  and  judgment  I  can  rely. 
From  these  sources  I  am  able  to  say,  in  contradiction 
to  this  representation,  that  he  is  neither  more  defective 
in  ardour,  nor  more  impotent  with  his  female,  than  the 
white  reduced  to  the  same  diet  and  exercise  :  that  he 
is  brave,  when  an  enterprise  depends  on  bravery ;  edu- 
cation with  him  making  the  point  of  honour  consist  in 
the  destruction  of  an  enemy  by  stratagem,  and  in  the 
preservation  of  his  own  person  free  from  injury  :  or 
perhaps  this  is  nature;  while  it  is  education  which 
teaches  us  to*  honour  force  more  than  finesse  ;  that  he 
will  defend  himself  against  a  host  of  enemies,  always 
choosing  to  be  killed,  rather  than  to  surrender,!  though 

*  Sol  Rodomonte  sprezza  di  venire 

Se  nnn,  dove  la  via  meno  e  sicura.  Ariosto.  14.  117. 

t  In  so  judicious  an  author  as  Don  Ulloa,  and  one  to  whom 
we  are  indebted  for  the  most  precise  information  we  have  of 
South  America,  I  did  not  expect  to  find  such  assertions  as  the 
following  :  "  Los  Indios  vencidos  son  los  mas  cobardes  y  pusi- 
lanimes  que  se  pueden  ver  :  Se  hacen  inocentes,  le  humillan 
hasta  el  desprecio,  disculpan  su  inconsiderado  arrojo,  y  con  las 
suplicas  y  los  ruegos  dan  seguras  pruebus  de  su  pusilanimidad. — 
6  lo  que  refieren  las  historias  de  la  Conquista,  sobre  sus  grandes 
acciones,  es  en  un  sendito  figurado,  6  el  caracter  de  estas  gentes 
no  es  ahora  segun  era  entonces ;  pero  lo  que  no  tiene  duda  es, 
que  las  naciones  de  la  parte  Septentrional  subsisten  en  la  misma 
libertad  que  siempre  han  tenido,  sin  haber  sido  sojuzgados  por 
algun  Principe  extrano,  y  que  viven  segun  su  regimen  y  costum- 
bres  de  toda  la  vida,  sin  que  haya  habido  motivo  para  que  muden 
de  caracter ;  y  en  estos  se  ve  lo  mismo,  que  sucede  en  los  del 
Peru,  y  de  toda  la  America  Meridional,  reducidos,  y  que  nunca 
lo  han  estado."  Noticias  Americanas,  Entretenimiento  xviii. 
}  1.  Don  Ulloa  here  admits,  that  the  authors  who  have  describ- 
ed the  Indians  of  South  America,  before  they  were  enslaved,  had 
represented  them  as  a  brave  people,  and  therefore  seems  to  have 



it  be  to  the  whites,  who  he  knows  will  treat  him  well : 
that  in  other  situations  also  he  meets  death  with  more 
deliberation,  and  endures  tortures  with  a  firmness  un- 
known almost  to  religious  enthusiasm  with  us  :  that  he 
is  affectionate  to  his  children,  careful  of  them,  and  in- 
dulgent in  the  extreme  :  that  his  affections  comprehend 
his  other  connexions,  weakening,  as  with  us,  from  cir- 
cle to  circle,  as  they  recede  from  the  centre  :  that  his 
friendships  are  strong  and  faithful  to  the  uttermost*  ex- 
suspected  that  the  cowardice  which  he  had  observed  in  those  of 
the  present  race  might  be  the  effect  of  subjugation.    But,  suppos- 
ing the  Indians  of  Worth  America  to  be  cowards  also,  he  concludes 
the  ancestors  of  those  of  South  America  to  have  been  so  too,  and 
therefore  that  those  authors  have  given  fictions  for  truth.   He  was 
probably  not  acquainted  himself  with  the  Indians  of  North  Ameri- 
ca, and  had  formed  his  opinion   of  them  from  hear-say.     Great 
numbers  of  French,  of  English,  and  of  Americans,  are  perfectly 
acquainted    with   these  people.     Had  he    had  an  opportunity  of 
enquiring  of  any  of  these,  they  would  have  told  him,  that  there 
never  was  an  instance  known  of  an  Indian  begging  his  life  when 
in  the  power  of  his  enemies:  on  the  contrary,  that  he  courts 
death  by  every  possible  insult  and  provocation.     His  reasoning 
then  would  have  been  reversed  thus.     "  Since  the  present  Indian 
of  North  America  is  brave,  and  authors  tell  us,  that  the  ances- 
tors of  those  of  South  America  were  brave  also;  it  must  follow, 
that  the  cowardice  of  their  descendants  is  the  effect  of  subjuga- 
tion  and   ill   treatment."     For   he   observes,  ib.  $  27,  that  "  los 
obrages  los  aniquillan  por  la  inhumanidad  con  que  se  les  trata." 
*  A  remarkable  instance  of  this   appeared  in  the  case  of  the 
late  Col.  Byrd,  who  was  sent  to  the  Cherokee  nation  to  transact 
some    business   with   them.     It  happened  that  some  of  our  dis- 
orderly people  had  just  killed  one  or  two  of  that  nation.     It  was 
therefore  proposed  in  the  council  of  the  Cherokees  that  Col.  Byrd 
should  be  put  to  death,  in  revenge  for  the  loss  of  their  country- 
men.    Among  them  was  a  chief  called  Silouee,  who,  on  some 
former  occasion,  had  contracted  an  acquaintance  and  friendship 
with  Col.  Byrd.     He  came  to   him  every  night  in  his  tent,  and 
told  him  not  to  be  afraid,  they  should  not  kill  him.     After  many 
days'  deliberation,  however,  the  determination  was,  contrary  to 
Silduee's  expectation,  that  Byrd  should  be  put  to  death,  and  some 
warriors  were   despatched   as   executioners.     Silouee    attended 
them,  and  when  they  entered  the  tent,  he  threw  himself  between 
them  and  Byrd,  and  said   to  the  warriors,  "  This  man  is  my 


tremity  :  that  his  sensibility  is  keen,  even  the  warriors 
weeping  most   bitterly  on  the  loss  of  their  children, 
though  in  general  they  endeavour  to  appear  superior  to 
human  events:  that  his  vivacity  and  activity  of  mind  is 
equal  to  ours  in  the  same  situation  ;  hence  his  eagerness 
for  hunting,  and  for  games  of  chance.     The  women  are 
submitted  to  unjust  drudgery.    This  I  believe  is  the  case 
with  every  barbarous  people.     With  such,  force  is  law. 
The  stronger  sex  therefore  imposes  on  the  weaker.     It 
is  civilization  alone  which  replaces  women  in   the  en- 
joyment of  their  natural  equality.     That  first  teaches 
us  to  subdue  the  selfish  passions,  and  to  respect  those 
rights  in  others  which  we  value  in  ourselves.     Were 
we  in   equal  barbarism,  our   females   would  be  equal 
drudges.     The  man  with  them  is  less  strong  than  with 
us,  but  their  women  stronger  than  ours  ;  and  both  for 
the  same  obvious  reason  ;  because  our  man  and  their 
woman  is  habituated  to  labour,  and  formed  by  it.   With 
both  races  the  sex  which  is  indulged  with  ease  is  least 
athletic.     An    Indian   man    is  small  in  the    hand   and 
wrist,  for  the  same  reason  for  which  a  sailor  is  large 
and  strong  in   the  arms  and  shoulders,  and  a  porter  in 
the  legs  and  thighs.     They  raise  fewer  children  than 
we  do.     The   causes  of  this  are  to   be  found,  not  in  a 
differences  of  nature,  but  of  circumstance.     The  women 
very  frequently  attending  the  men  in  their  parties  of  war 
and  of  hunting,  child-bearing  becomes  extremely  incon- 
venient to  them.     It  is  said,  therefore,  that  they  have 
learned  the  practice  of  procuring  abortion  by  the  use  of 
some  vegetable  ;  and  that  it  even  extends  to  prevent 
conception  for  a  considerable  time  after.     During  these 
parties  they  are   exposed  to   numerous  hazards,  to  ex- 
cessive exertions,  and   to  the    greatest   extremities  of 
hunger.     Even  at  their  homes  the  nation  depends  for 
food,  through  a  certain  part  of  every  year,  on  the  glean- 
ings of  the  forest:  that  is,  they  experience  a  famine 
once  in  every  year.     With  all  animals,  if  the  female  be 

friend  :  before  you  get  at  him,  you  must  kill  me."  On  which 
they  returned,  and  tbu  council  respected  the  principle  so  much  as 
to  recede  from  their  determination. 


badly  fed,  or  not  fed  at  all,  her  young  perish :  and  if 
both  male  and  female  be  reduced  to  like  want,  genera- 
tion becomes  less  active,  less  productive.  To  the  ob- 
stacles then  of  want  and  hazard,  which  nature  has  op- 
posed to  the  multiplication  of  wild  animals,  for  the 
purpose  of  restraining  their  numbers  within  certain 
bounds,  those  of  labour  and  of  voluntary  abortion  are 
added  with  the  Indian.  No  wonder  then  if  they  multi- 
ply less  than  we  do.  Where  food  is  regularly  supplied, 
a  single  farm  will  show  more  of  cattle,  than  a  whole 
country  of  forests  can  of  buffaloes.  The  same  Indian 
women,  when  married  to  white  traders,  who  feed  them 
and  their  children  plentifully  and  regularly,  who  exempt 
them  from  excessive  drudgery,  who  keep  them  station- 
ary and  unexposed  to  accident,  produce  and  raise  as 
many  children  as  the  white  women.  Instances  are 
known  under  these  circumstances,  of  their  rearing  a 
dozen  children.  An  inhuman  practice  once  prevailed 
in  this  country,  of  making  slaves  of  the  Indians.  It  is  a 
fact  well  known  with  us,  that  the  Indian  women  so 
enslaved  produced  and  raised  as  numerous  families  as 
either  the  whites  or  blacks  among  whom  they  lived. 
It  has  been  said,  that  Indians  have  less  hair  than  the 
whites,  except  on  the  head.  But  this  is  a  fact  of  which 
fair  proof  can  scarcely  be  had.  With  them  it  is  dis- 
graceful to  be  hairy  on  the  body.  They  say  it  likens 
them  to  hogs.  They  therefore  pluck  the  hair  as  fast  as 
it  appears.  But  the  traders  who  marry  their  women, 
and  prevail  on  them  to  discontinue  this  practice,  say, 
that  nature  is  the  same  with  them  as  with  the  whites. 
Nor,  if  the  fact  be  true,  is  the  consequence  necessary 
which  has  been  drawn  from  it.  Negroes  have  noto- 
riously  less  hair  than  the  whites ;  yet  they  are  more  ar- 
dent. But  if  cold  and  moisture  be  the  agents  of  nature 
for  diminishing  the  races  of  animals,  how  comes  she  all 
at  once  to  suspend  their  operation  as  to  the  physical 
man  of  the  new  world,  whom  the  Count  acknowledges 
to  be  '  a  peu  pres  de  meme  stature  que  l'homme  de  notre 
monde,'  and  to  let  loose  their  influence  on  his  moral 
faculties  ?     How  has  this  '  combination  of  the  elements 


and  other  physical  causes,  so  contrary  to  the  enlarge- 
ment of  animal  nature  in  this  new  world,  these  obsta- 
cles to  the  developement  and  formation  of  great  germs,'* 
been  arrested  and  suspended,  so  as  to  permit  the  human 
body  to  acquire  its  just  dimensions,  and  by  what  incon- 
ceivable process  has  their  action  been  directed  on  his 
mind  aloue  ?  To  judge  of  the  truth  of  this,  to  form  a 
just  estimate  of  their  genius  and  mental  powers,  more 
facts  are  wanting,  and  creat  allowance  to  be  made  for 
those  circumstances  of  their  situation  which  call  for  a 
display  of  particular  talents  only.  This  done,  we  shall 
probably  find  that  they  are  formed  in  mind  as  well  as 
in  body,  on  the  same  module  with  thef  '  Homo  sapiens 
Europaeus.'  The  principles  of  their  society  forbidding 
all  compulsion,  they  are  to  be  led  to  duty  and  to  enter- 
prize  by  personal  influence  and  persuasion.  Hence 
eloquence  in  council,  bravery  and  success  in  war,  become 
the  foundations  of  all  consequence  with  them.  To  these 
acquirements  all  their  faculties  are  directed.  Of  their 
bravery  and  address  in  war  we  have  multiplied  proofs, 
because  we  have  been  the  subjects  on  which  they  were 
exercised.  Of  their  eminence  in  oratory,  we  have  fewer 
examples,  because  it  is  displayed  chiefly  in  their  own 
councils.  Some,  however,  we  have  of  very  superior 
lustre.  I  may  challenge  the  whole  orations  of  Demos- 
thenes and  Cicero,  and  of  any  more  eminent  orator, 
if  Liu  rope  has  furnished  any  more  eminent,  to  pro- 
duce a  single  passage,  superior  to  the  speech  of  Lo- 
gan, a  Mingo  chief,  to  Lord  Dunmore,  when  governor 
of  this  state.  And,  as  a  testimony  of  their  talents  in 
this  line,  [  beg  leave  to  introduce  it,  first  stating  the 
incidents  necessary  for  understanding  it. 

In  the  spring  of  the  year  1774,  a  robbery  was  com- 
mitted by  some  Indians  on  certain  land  adventurers  on 
the  river  Ohio.  The  whites  in  that  quarter,  according 
to  their  custom,  undertook  to  punish  this  outrage  in  a 
summary  way.  Captain  Michael  Crcsap,  and  a  certain 
Daniel  Greathouse,  leading  on  these  parties,  surprized, 

*  XVIII.  11G.  t  Linn.  Syst.  Definition  of  a  Man. 



at  different  time9,  travelling  and  hunting  parties  of  the 
Indians,  having  their  women  and  children  with  them, 
and  murdered  many.  Among  these  were  unfortunate- 
ly the  family  of  Logan,  a  chief  celehrated  in  peace  and 
war,  and  long  distinguished  as  the  friend  of  the  whites. 
This  unworthy  return  provoked  his  vengeance.  He 
accordingly  signalized  himself  in  the  war  which  ensu- 
ed. In  the  autumn  of  the  same  year  a  decisive  battle 
was  fought  at  the  mouth  of  the  Great  Kanhaway,  be- 
tween the  collected  forces  of  the  Shawanese,  Mingoes 
and  Delawares,  and  a  detachment  of  the  Virginia  mili- 
tia. The  Indians  were  defeated  and  sued  for  peace. 
Logan,  however,  disdained  to  be  seen  among  the  sup- 
pliants. But  lest  the  sincerity  of  a  treaty  should  he  dis- 
turbed, from  which  so  distinguished  a  chief  absented 
himself,  he  sent,  by  a  messenger,  the  following  speech, 
to  be  delivered  to  Lord  Dunmore. 

"  I  appeal  to  any  white  man  to  say,  if  ever  he  enter- 
ed Logan's  cabin  hungry,  and  he  gave  him  not  meat: 
if  ever  he  came  cold  and  naked,  and  he  clothed  him 
not.  During  the  course  of  the  last  long  and  bloody 
war,  Logan  remained  idle  in  his  cabin,  an  advocate  for 
peace.  Such  was  my  love  for  the  whites,  that  my 
countrymen  pointed  as  they  passed,  and  said,  '  Logan 
is  the  friend  of  white  men.'  I  had  even  thought  to  have 
lived  with  you,  but  for  the  injuries  of  one  man.  Colo- 
nel Cresap,  the  last  spring,  in  cold  blood,  and  unpro- 
voked, murdered  all  the  relations  of  Logan,  not  even 
sparing  my  women  and  children.  There  runs  not  a 
drop  of  my  blood  in  the  veins  of  any  living  creature. 
This  called  on  me  for  revenge.  I  have  sought  it :  I 
have  killed  many  :  I  have  fully  glutted  my  vengeance  : 
for  my  country  I  rejoice  at  the  beams  of  peace.  But 
do  not  harbour  a  thought  that  mine  is  the  joy  of  fear. 
Logan  never  felt  fear.  He  will  not  turn  on  his  heel  to 
save  his  life.  Who  is  there  to  mourn  for  Logan  ? — Not 

Before  we  condemn  the  Indians  of  this  continent  as 
wanting  genius,  we  must  consider  that  letters  have  not 
yet  been  introduced  among  them.  Were  we  to  com- 
pare thern  in  their  present  state  with  the  Europeans, 


North  of  the  Alps,  when  the  Roman  arms  and  arts  first 
crossed  those  mountains,  the  comparison  would  be  un- 
equal, because,  at  that  time,  those  parts  of  Europe  were 
swarming   with   numbers ;  because    numbers    produce 
emulation,   and  multiply  the  chances  of  improvement, 
and  one  improvement  begets  another.     Yet  I  may  safe- 
ly ask,  how  many  good   poets,  how  many  able  mathe- 
maticians, how   many  great  inventors  in   arts  or  sci- 
ences, had  Europe,  North  of  the  Alps,  then  produced? 
And  it  was  sixteen  centuries  after  this  before  a  Newton 
could  be  formed.     I   do  not  mean   to  deny,  that  there 
are  varieties  in  the  race  of  man,  distinguished  by  their 
powers  both  of  body  and  mind.     I  believe  there  are,  as 
I  see  to  be  the   case  in   the   races  of  other  animals.     I 
only  mean    to  suggest   a  doubt,  whether  the  bulk  and 
faculties  of  animals  depend  on  the  side  of  the  Atlantic 
on  which  their   food  happens  to   grow,  or  which  fur- 
nishes the  elements  of  which   they   are  compounded  ? 
Whether  nature  has  enlisted  herself  as  a  Cis  or  Trans- 
Atlantic  partisan?    I  am  induced  to  suspect,  there  has 
been  more  eloquence  than   sound   reasoning  displayed 
in   support  of  this  theory  ;  that  it  is  one  of  those  cases 
where  the   judgment  has  been  seduced  by  a  glowing 
pen  :  and  whilst  I   render  every  tribute  of  honour  and 
esteem  to  the  celebrated  zoologist,  who  has  added,  and 
is  still  adding,  so  many  precious  things  to  the  treasures 
of  science,  I  must  doubt  whether  in  this  instance  he  has 
not  cherished  error  also,  by  lending  her  for  a  moment 
his  vivid  imagination  and  bewitching  language.     (4) 

So  far  the  Count  de  BurTon  has  carried  his  new  theo- 
ry of  the  tendency  of  nature  to  belittle  her  productions 
on  this  side  the  Atlantic.  Its  application  to  the  race  of 
whiles,  transplanted  from  Europe,  remained  for  the 
Abbe  Raynal.  '  On  doit  etre  etonne  (he  says)  que  l'A- 
inerique  n'ait  pas  encore  produit  un  bon  poete,  un  ha- 
bile mathematicien,  un  homme  de  genie  dans  un  seul 
art,  ou  une  seule  science.'  Hist.  Philos.  p.  92.  ed.  Mae- 
stricht.  J 774.  '  America  has  not  yet  produced  one  good 
poet.'  When  we  shall  have  existed  as  a  people  as  long 
as  the  Greeks  did  before  they  produced  a  Homer,  the 


Romans  a  Virgil,  the  French  a  Racine  and   Voltaire, 
the  English  a  Shakspeare  and   Milton,  should  this  re- 
proach be  still  true,  we  will  enquire  from  what  un- 
friendly causes  it  has  proceeded,  that  the  other  coun- 
tries of  Europe  and  quarters  of  the  earth  shall  not  have 
inscribed  any  name  in  the  roll  of  poets.*     But  neither 
has  America  produced  '  one   able   mathematician,  one 
man  of  genius  in  a  single  art  or  a  single  science.'     In 
war  we  have  produced  a  Washington,  whose  memory 
will  be  adored  while  liberty  shall  have  votaries,  whose 
name  will  triumph  over  time,  and  will  in  future  ages 
assume  its  just  station  among  the  most  celebrated  wor- 
thies of  the  world,  when  that  wretched  philosophy  shall 
be  forgotten   which   would  have   arranged  him  among 
the  degeneracies   of  nature.     In  physics  we  have  pro- 
duced a  Franklin,  than  whom  no  one  of  the  present  age 
has  made  more  important  discoveries,  nor  has  enriched 
philosophy  with   more,  or  more   ingenious  solutions  of 
the  phenomena  of  nature.     We  have  supposed  Mr.  Rit- 
tenhouse  second  to  no  astronomer  living  :  that  in  ge- 
nius he  must  be  the  first,  because  he  is  self-taught.    As 
an  artist  he  has  exhibited  as  great  a  proof  of  mechani- 
cal  genius  as  the   world   has  ever  produced.     He  has 
not  indeed  made  a  world  ;  but  he  has  by  imitation  ap- 
proached nearer  its  Maker  than  any  man  who  has  liv- 
ed from  the  creation   to   this  day.f     As  in  philosophy 
and  war,  so  in  government,  in   oratory,  in  painting,  in 
the  plastic  art,  we   might  show  that  America,  though 

*  Has  the  world  as  yet  produced  more  than  two  poets,  ac- 
knowledged to  be  such  by  all  nations?  An  Englishman,  only, 
reads  Milton  with  delight,  an  Italian  Tasso,  a  Frenchman  the 
Henriade  ;  a  Portuguese  Camoens  ;  but  Homer  and  Virgil  have 
been  the  rapture  of  every  age  and  nation:  they  are  read  with 
enthusiasm  in  their  originals  by  those  who  can  read  the  origi- 
nals, and  in  translations  by  those  who  cannot. 

t  There  are  various  ways  of  keeping  truth  out  of  sight.  Mr. 
Rittenhouse's  model  of  the  planetary  S}'stem  has  the  plagiary 
appellation  of  an  Orrery  ;  and  the  quadrant  invented  by  God- 
frey, an  American  also,  and  with  the  aid  of  which  the  European 
nations  traverse  the  globe,  is  called  Hadley's  quadrant. 


but  a  child  of  yesterday,  has  already  given  hopeful 
proofs  of  genius,  as  well  of  the  nobler  kinds,  which 
arouse  the  best  feelings  of  man,  which  call  him  into  ac- 
tion, which  substantiate  his  freedom,  and  conduct  him 
to  happiness,  as  of  the  subordinate,  which  serve  to 
amuse  him  only.  We  therefore  suppose,  that  this  re- 
proach is  as  unjust  as  it  is  unkind  ;  and  that,  of  the  ge- 
niuses which  adorn  the  present  age,  America  contri- 
butes its  full  share.  For  comparing  it  with  those  coun- 
tries, where  genius  is  most  cultivated,  where  are  the 
most  excellent  models  for  art,  and  scaffoldings  for  the 
attainment  of  science,  as  France  and  England  for  in- 
stance, we  calculate  thus:  The  United  States  contain 
three  millions  of  inhabitants  ;  France  twenty  millions  ; 
and  the  British  islands  ten.  We  produce  a  Washing- 
ton, a  Franklin,  a  Rittenhouse.  France  then  should 
have  half  a  dozen  in  each  of  these  lines,  and  Great  Bri- 
tain half  that  number,  equally  eminent.  It  may  be  true, 
that  France  has:  we  are  but  just  becoming  acquainted 
with  her,  and  our  acquaintance  so  far  gives  us  high 
ideas  of  the  genius  of  her  inhabitants.  It  would  be  in- 
juring too  many  of  them  to  name  particularly  a  Vol- 
taire, a  Buffon,  the  constellation  of  Encyclopedists,  the 
Abbe  Raynal  himself,  &c.  &sc.  We  therefore  have  rea- 
son to  believe  she  can  produce  her  full  quota  of  genius. 
The  present  war  having  so  long  cut  off  all  communica- 
tion with  Great  Britain,  we  are  not  able  to  make  a  fair 
estimate  of  the  state  of  science  in  that  country.  The 
spirit  in  which  she  wages  war,  is  the  only  sample  be- 
fore our  eyes,  and  that  does  not  seem  the  legitimate  off- 
spring either  of  science  or  of  civilization.  The  sun  of 
her  glory  is  fast  descending  to  the  horizon.  Her  phi- 
losophy has  crossed  the  channel,  her  freedom  the  At- 
lantic, and  herself  seems  passing  to  that  awful  dissolu- 
tion, whose  issue  is  not  given  human  foresight  to  scan,* 

*  In  a  later  edition  of  the  Abbe  RaynaTs  work,  he  has  with- 
drawn bis  censure  from  that  p:trt  of  tbe  new  world  inhabited  by 
the  Federo-Americans ;  but  lias  left  it  still  on  tbe  otber  parts. 
North  America  has   always  been   more   accessible  to   strangers 


Having  given  a  sketch  of  our  minerals,  vegetables, 
and  quadrupeds,  and  being  led  by  a  proud  theory  to 
make  a  comparison  of  the  latter  with  those  of  Europe, 
and  to  extend  it  to  the  man  of  America,  both  aboriginal 
and  emigrant,  I  will  proceed  to  the  remaining  articles 
comprehended  under  the  present  query. 

Between  ninety  and  an  hundred  of  our  birds  have 
been  described  by  Catesby.  His  drawings  are  better 
as  to  form  and  attitude,  than  colouring,  which  is  gene- 
rally too  high.     They  are  the  following  : 

than  South.  If  he  was  mistaken  then  as  to  the  former,  he  may 
be  so  as  to  the  latter.  The  glimmerings  which  reach  us  from 
South  America  enable  us  only  to  see  that  its  inhabitants  are  held 
under  the  accumulated  pressure  of  slavery,  superstition,  and  ig- 
norance. Whenever  they  shall  be  able  to  rise  under  this  weight, 
and  to  show  themselves  to  the  rest  of  the  world,  they  will  proba- 
bly show  they  are  like  the  rest  of  the  world.  AVe  have  not  yet 
sufficient  evidence  that  there  are  more  lakes  and  fogs  in  South 
America  than  iri  other  parts  of  the  earth.  As  little  do  we  know 
what  would  be  their  operation  on  the  mind  of  man.  That  coun- 
try has  been  visited  by  Spaniards  and  Portuguese  chiefly,  and 
almost  exclusively.  These,  going  from  a  country  of  the  old 
world  remarkably  dry  in  its  soil  and  climate,  fancied  there  were 
more  lakes  and  fogs  in  South  America  than  in  Europe.  An  in- 
habitant of  Ireland,  Sweden,  or  Finland  would  have  formed  the 
contrary  opinion.  Had  South  America  then  been  discovered  and 
settled  by  a  people  from  a  fenny  country,  it  would  probably  have 
been  represented  as  much  drier  than  the  old  world.  A  patient 
pursuit  of  facts,  and  cautious  combination  and  comparison  of 
them,  is  the  drudgery  to  which  man  is  subjected  by  his  Maker, 
if  he  wishes  to  attain  sure  knowledge. 


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Purple  jackdaw. 
Carolina  cuckow 
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Larger  red-creste 
Red-headed  woo( 
Gold  winged  woo 
Red-bellied  wooc 
Smallest  spotted  i 
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Parrot  ofCarolii 
Blue  jay 
Baltimore  bird 


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Pine-creeper           .             , 

Humming  bird              . 

Wild  goose 

Btiffel's  head  duck         . 

Little  brown  duck               , 

White  face  teal 

Blue  wing  teal 

Summer  duck 

Blue  wing  shoveler 

Round  crested  duck 

Pied  bill  dopchick               . 

Largest  crested  heron 

Crested  bittern      .             « 

Blue  heron.     Crane 

Small  bittern 

Little  while  heron 

Brown  bittern.     Indian  he 

Wood  pelican    . 

White  curlew         .             . 

Brown  curlew   . 
Chattering  plover,     Kilde 












Sitta  capite  nigro         .             .             , 

Sitta  capite  fusco . 


Parus  Americanus  lutescens 

Mellivora  avis  Caroliniensis     . 

A  nser  Canadensis               .             . 

Anas  minor  purpureo  capite     . 

Anas  minor  ex  albo  &  fusco  vario 

Querqiiedula  Americana  variegata 

Querqiiedula  Americana  fusca 

Anas  Americanus  cristatus  elegans 

Anas  Americanas  lato  rostro 

Anas  cristatus 

Prodicipes  minor  rostro  vario 

Ardea  cristata  maxima  Americana 

Ardea  stellaris  cristata  Americana 

Ardea  caerulea 

Ardea  stellaris  minima     . 

Ardea  alba  minor  Caroliniensis 

Ardea  stellaris  Americaua 

Pelicanns  Americanus               .             , 

Numenius  Albus  . 

Numenius  fuscus           .             .             , 

Pluvialis  vociferus            , 










Sitta  Europaea 

Alcedo  alcyon 
Certhia  pinus 
Trochilus  colubris 
Anas  Canadensis 
Anas  bucephala 
Anas  rustica 
Anas  discors     . 
Anas  discors  C.     • 
Anas  sponsa 

Mergus  cucullatus 
Columbus  podiceps 
Ardea  Herodias 
Ardea  violacea     . 
Ardea  caerulea 
Ardea  virescens    . 
Ardea  aequinoctialis 

Tantalus  loculator 
Tantalus  alber 
Tantalus  fuscus 
Charadrius  vociferus 




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Besides  these,  we  have, 

The  Royston  crow.  Corvus  cor- 
Crane.  Ardea  Canadensis. 
House   swallow.     Hirundo 

Ground  swallow.    Hirundo 

Greatest  gray  eagle. 
Smaller     turkey     buzzard, 

with  a  feathered  head. 
Greatest      owl,     or      night 

Wet     hawk,    which    feeds 


Water  Pelican  of  the  Mis- 
sissippi,    whose      pouch 
holds  a  peck. 

The  Duck  and  mallard. 

Sheldrach,  or  Canvas  back. 
Black  head. 

Dirlapper,  or  dopchick. 
Spoon-billed  duck. 
Blue  Petre. 
Water  Wagtail. 
Yellow-legged  Snipe. 
Squatting  Snipe. 
Small  Plover. 
Whistling  Plover. 

Red  bird,  with  black  head, 
wings  and  tail. 

And  doubtless  many  others  which  have  not  yet  been 
described  and  classed. 

To  this  catalogue  of  our  indigenous  animals,  I  will  add 
a  short  account  of  an  anomaly  of  nature,  taking  place 
sometimes  in  the  race  of  negroes  brought  from  Africa, 
who,  though  black  themselves,  have,  in  rare  instances, 
white  children,  called  Albinos.  I  have  known  four  of 
these  myself,  and  have  faithful  accounts  of  three  others. 
The  circumstances  in  which  all  the  individuals  agree, 
are  these.  They  are  of  a  pallid  cadaverous  white,  un- 
tinged  with  red,  without  any  coloured  spots  or  seams  ; 
their  hair  of  the  same  kind  of  white,  short,  coarse  and 
curled  as  is  that  of  the  negro  ;  all  of  them  well  formed, 
strong,  healthy,  perfect  in  their  senses,  except  that  of 
sight,  and  born  of  parents  who  had  no  mixture  of  white 
blood.  Three  of  these  Albinos  were  sisters,  having  two 
other  full  sisters,  who  were  black.  The  youngest  of 
the  three  was  killed  by  lightning,  at  twelve  years  of  age. 
The  eldest  died  at  about  twenty-seven  years  of  age,  iu 


child-bed,  with  her  second  child.  The  middle  one  is 
now  alive  in  health,  and  has  issue,  as  the  eldest  had,  by 
a  black  man,  which  issue  was  black.  They  are  uncom- 
monly shrewd,  quick  in  their  apprehensions  and  in  re- 
ply. Their  eyes  are  in  a  perpetual  tremulous  vibra- 
tion, very  weak,  and  much  affected  by  the  sun  :  but 
they  see  much  better  in  the  night  than  we  do.  They 
are  the  property  of  Col.  Skipworth,  of  Cumberland. 
The  fourth  is  a  negro  woman,  whose  parents  came 
from  Guinea,  and  had  three  other  children,  who  were 
of  their  own  colour.  She  is  freckled,  her  eye-sight  so 
weak  that  she  is  obliged  to  wear  a  bonnet  in  the  sum- 
mer ;  but  it  is  better  in  the  night  than  day.  She  had 
an  Albino  child  by  a  black  man.  It  died  at  the  age  of  a 
few  weeks.  These  were  the  property  of  Col.  Carter, 
of  Albemarle.  A  sixth  instance  is  a  woman  of  the  pro- 
perty of  Mr.  Butler,  near  Petersburg.  She  is  stout  and 
robust,  has  issue  a  daughter,  jet  black,  by  a  black  man. 
I  am  not  informed  as  to  her  eye-sight.  The  seventh 
instance  is  of  a  male  belonging  to  a  Mr.  Lee  of  Cum- 
berland. His  eyes  are  tremulous  and  weak.  He  is  tall 
of  stature,  and  now  advanced  in  years.  He  is  the  only 
male  of  the  Albinos  which  have  come  within  my  infor- 
mation. Whatever  be  the  cause  of  the  disease  in  the 
skin,  or  in  its  colouring  matter,  which  produces  this 
change,  it  seems  more  incident  to  the  female  than  male 
sex.  To  these  I  may  add  the  mention  of  a  negro  man 
within  my  own  knowledge,  born  black,  and  of  black 
parents  ;  on  whose  chin,  when  a  boy,  a  white  spot  ap- 
peared. This  continued  to  increase  till  he  became  a 
man,  by  which  time  it  had  extended  over  his  chin,  lips, 
one  cheek,  the  under  jaw,  and  neck  on  that  side.  It  is 
of  the  Albino  white,  without  any  mixture  of  red,  and 
has  for  several  years  been  stationary.  He  is  robust  and 
healthy,  and  the  change  of  colour  was  not  accompani- 
ed with  any  sensible  disease,  either  general  or  topical. 
Of  our  fish  and  insects  there  has  been  nothing  like  a 
full  description  or  collection.  More  of  them  are  de- 
scribed in  Catesby  than  in  any  other  work.  Many  also 
are  to  be  found  in  Sir  Hans  Sloane's  Jamaica,  as  being 


common  to  that  and  this  country.  The  honey  bee  is 
not  a  native  of  our  continent.  Marcgrave  indeed  men- 
tions a  species  of  honey-bee  in  Brasil.  But  this  has  no 
sting,  and  is  therefore  different  from  the  one  we  have, 
which  resembles  perfectly  that  of  Europe.  The  In- 
dians concur  with  us  in  the  tradition  that  it  was  brought 
from  Europe  ;  but  when,  and  by  whom,  we  know  not. 
The  bees  have  generally  extended  themselves  into  the 
country,  a  little  in  advance  of  the  white  settlers.  The 
Indians  therefore  call  them  the  white  man's  fly,  and 
consider  their  approach  as  indicating  the  approach  of 
the  settlements  of  the  whites.  A  question  here  occurs, 
How  far  northwardly  have  these  insects  been  found  ? 
That  they  are  unknown  in  Lapland,  I  infer  from  Schef- 
fer's  information,  that  the  Laplanders  eat  the  pine  bark, 
prepared  in  a  certain  way,  instead  of  those  things 
sweetened  with  sugar.  '  Hoc  comedunt  pro  rebus  sac- 
charo  conditis.'  SchefF.  Lapp.  c.  18.  Certainly  if  they 
had  honey,  it  would  be  a  better  substitute  for  sugar 
than  any  preparation  of  the  pine  bark.  Kalm  tells 
us*  the  honey-bee  cannot  live  through  the  winter  in 
Canada.  They  furnish  then  an  additional  proof  of  the 
remarkable  fact  first  observed  by  the  Count  de  Buffon, 
and  which  has  thrown  such  blaze  of  light  on  the  field 
of  natural  history,  that  no  animals  are  found  in  both 
continents,  but  those  which  are  able  to  bear  the  cold 
of  those  regions  where  they  probably  join. 


A  notice  of  all  that  can  increase  the  progress  of  hu- 
man knowledge  ? 

Under  the  latitude  of  this  query,  I  will  presume  it  not 
improper  nor  unacceptable  to  furnish  some  data  for  es- 
timating the  climate  of  Virginia.  Journals  of  observa- 
tions on  the  quantity  of  rain,  and  degree  of  heat,  being 

*  12G. 



lengthy,  confused,  and  too  minute  to  produce  general 
and  distinct  ideas,  I  have  taken  five  years'  observa- 
tions, to  wit,  from  1772  to  1777,  made  in  Williamsburgh 
and  its  neighbourhood,  have  reduced  them  to  an  ave- 
rage for  every  month  in  the  year,  and  stated  those 
averages  in  the  following  table,  adding  an  analytical 
view  of  the  winds  during  the  same  period. 




























i— ' 

















cs       co 
<m    ]   ~ 


















1— c 














1— M 


I— 1 




I— I 













i— < 








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CO              l-H 











CM          CO 
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■*  i  o 

to        CM 

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i— i 














Least  and  greatest 
daily  heat  by  Faren- 
heit  s  thermometer. 






i— i 

















































»     DO 

r  s 










r— 1 



































The  rains  of  every  month,  (as  of  Januaiy,  for  in- 
stance) through  the  whole  period  of  years,  were  added 
separately,  and  an  average  drawn  from  them.  The  cool- 
est and  warmest  point  of  the  same  day  in  each  year  of 
the  period,  were  added  separately,  and  an  average  of  the 
greatest  cold  and  greatest  heat  of  that  day,  was  formed. 
From  the  averages  of  every  day  in  the  month,  a  gene- 
ral average  for  the  whole  month  was  formed.  The 
point  from  which  the  wind  blew,  was  observed  two  or 
three  times  in  every  day.  These  observations,  in  the 
montli  of  January,  for  instance,  through  the  whole  pe- 
riod, amounted  to  337.  At  73  of  these,  the  wind  was 
from  the  North  ;  47  from  the  North-east,  &c.  So  that 
it  will  be  easy  to  see  in  what  proportion  each  wind 
usually  prevails  in  each  month  :  or,  taking  the  whole 
year,  the  total  of  observations  through  the  whole  period 
having  been  3698,  it  will  be  observed  that  611  of  them 
were  from  the  North,  558  from  the  North-east,  &c. 

Though  by  this  table  it  appears  we  have  on  an  ave- 
rage 47  inches  of  rain  annually,  which  is  considerably 
more  than  usually  falls  in  Europe,  yet  from  the  in- 
formation I  have  collected,  I  suppose  we  have  a  much 
greater  proportion  of  sunshine  here  than  there.  Per- 
haps it  will  be  found,  there  are  twice  as  many  cloudy 
da}S  in  the  middle  parts  of  Europe,  as  in  the  United 
States  of  America.  I  mention  the  middle  parts  of  Eu- 
rope, because  my  information  does  not  extend  to  its 
Northern  or  Southern  parts. 

In  an  extensive  country,  it  will  of  course  be  expected 
that  the  climate  is  not  the  same  in  all  its  parts.  It  is 
remarkable,  that,  proceeding  on  the  same  parallel  of 
latitude  westwardly,  the  climate  becomes  colder  in  like 
manner  as  when  you  proceed  northwardly.  This  con- 
tinues to  be  the  case  till  you  attain  the  summit  of  the 
Alleghaney,  which  is  the  highest  land  between  the 
ocean  and  the  Mississippi.  From  thence,  descending 
in  the  same  latitude  to  the  Mississippi,  the  change  re- 
verses; and,  if  we  may  believe  travellers,  it  becomes 
warmer  there  th«n  it  is  in  the  same  latitude  on  the 
sea  side.    Their  testimony  is  strengthened  by  the  vege- 


tables  and  animals  which  subsist  and  multiply  there 
naturally,  and  do  not  on  our  sea  coast.  Thus  Catalpas 
grow  spontaneously  on  the  Mississippi,  as  far  as  the 
latitude  of  37°,  and  reeds  as  far  as  38°.  Perroquets 
even  winter  on  the  Sciota,  in  the  39th  degree  of  lati- 
tude. In  the  summer  of  1779,  when  the  thermometer 
was  at  90°  at  Monticello,  and  96  at  Williamsburgh,  it 
was  110°  at  Kaskaskia.  Perhaps  the  mountain,  which 
overhangs  this  village  on  the  north  side,  may,  by  its 
reflection,  have  contributed  somewhat  to  produce  this 
heat.  The  difference  of  temperature  of  the  air  at  the 
sea  coast,  or  on  the  Chesapeake  bay,  and  at  the  Alle- 
ghaney,  has  not  been  ascertained  ;  but  contemporary 
observations,  made  at  Williamsburgh,  or  in  its  neigh- 
bourhood, and  at  Monticello,  which  is  on  the  most 
eastern  ridge  of  the  mountains,  called  the  South  west, 
where  they  are  intersected  by  the  Rivanna,  have  fur- 
nished a  ratio  by  which  that  difference  may  in  some 
degree  be  conjectured.  These  observations  make  the 
difference  between  Williamsburgh  and  the  nearest 
mountains,  at  the  position  before  mentioned,  to  be  on  an 
average  6°l-8  of  Farenheit's  thermometer.  Some  al- 
lowance, however,  is  to  be  made  for  the  difference  of 
latitude  between  these  two  places,  the  latter  being 
38°  8'  17",  which  is  52'  22"  north  of  the  former.  By 
contemporary  observations  of  between  five  and  six 
weeks,  the  averaged  and  almost  unvaried  difference  of 
the  heighth  of  mercury  in  the  barometer,  at  those  two 
places,  was  .784  of  an  inch,  the  atmosphere  at  Monti- 
cello being  so  much  the  lightest,  that  is  to  say,  about 
one  thirty-seventh  of  its  whole  weight.  It  should  be 
observed,  however,  that  the  hill  of  Monticello  is  of  500 
feet  perpendicular  heighth  above  the  river  which 
washes  its  base.  This  position  being  nearly  central 
between  our  northern  and  southern  boundaries,  and 
between  the  bay  and  Alleghaney,  may  be  considered  as 
furnishing  the  best  average  of  the  temperature  of  our 
climate.  "  Williamsburg  is  much  too  near  the  south 
eastern  corner  to  give  a  fair  idea  of  -our  general  tem- 


But  a  more  remarkable  difference  is  in  the  winds 
which  prevail  in  the  different  parts  of  the  country. 
The  following  table  exhibits  a  comparative  view  of  the 
winds  prevailing  at  Williamsburgh,  and  at  Monticello. 
It  is  formed  by  reducing  nine  months  observations  at 
Monticello  to  four  principal  points,  to  wit,  the  north- 
east, south-east,  south-west,  and  north-west;  these 
points  being  perpendicular  to,  or  parallel  with  our 
coast,  mountains,  and  rivers:  and  by  reducing  in  like 
manner,  an  equal  number  of  observations,  to  wit,  421 
from  the  preceding  table  of  winds  at  Williamsburgh, 
taking  them  proportionally  from  every  point. 

i  N.  E. 

S.  E 

S.  W. 

N.  W.  | 


Williamsburgh.        127 





Monticello.                   32 





By  this  it  may  be  seen  that  the  south-west  wind  pre- 
vails equally  at  both  places  ;  that  the  north-east  is, 
next  to  this,  the  principal  wind  towards  the  sea-coast, 
and  the  north-west  is  the  predominant  wind  at  the 
mountains.  The  difference  between  these  two  winds 
to  sensation,  and  in  fact,  is  very  great.  The  north-east 
is  loaded  with  vapour,  insomuch,  that  the  salt  makers 
have  found  that  their  crystals  would  not  shoot  while 
that  blows  ;  it  brings  a  distressing  chill,  and  is  heavy 
and  oppressive  to  the  spirits:  the  north-west  is  dry, 
cooling,  elastic  and  animating.  The  eastern  and  south- 
eastern breezes  come  on  generally  in  the  afternoon. 
They  have  advanced  into  the  country  very  sensibly 
within  the  memory  of  people  now  living.  They  for- 
merly did  not  penetrate  far  above  Williamsburgh. 
They  are  now  frequent  at  Richmond,  and  every  now 
and  then  reach  the  mountains.  They  deposite  most  of 
their  moisture  however  before  they  get  that  far.  As 
the  lands  become  more  cleared,  it  is  probable  they  will 
extend  still  further  westward. 


Going  out  into  the  open  air,  in  the  temperate,  and 
warm  months  of  the  year,  we  often  meet  with  bodies 
of  warm  air,  which  passing  by  us  in  two  or  three  se- 
conds, do  not  afford  time  to  the  most  sensible  ther- 
mometer to  seize  their  temperature.  Judging  from  my 
feelings  only,  I  think  they  approach  the  ordinary  heat 
of  the  human  body.  Some  of  them  perhaps  go  a  little 
beyond  it.  They  are  of  about  20  or  30  feet  diameter 
horizontally.  Of  their  heighth  we  have  no  experience, 
but  probably  they  are  globular  volumes  wafted  or  rolled 
along  with  the  wind.  But  whence  taken,  where  found, 
or  how  generated  ?  They  are  not  to  be  ascribed  to  volca- 
noes, because  we  have  none.  They  do  not  happen  in 
the  winter  when  the  farmers  kindle  large  fires  in  clear- 
ing up  their  grounds.  They  are  not  confined  to  the 
spring  season,  when  we  have  fires  which  traverse  whole 
counties,  consuming  the  leaves  which  have  fallen  from 
the  trees.  And  they  are  too  frequent  and  general  to  be 
ascribed  to  accidental  fires.  I  am  persuaded  their 
cause  must  be  sought  for  in  the  atmosphere  itself  to 
aid  us  in  which  I  know  but  of  these  constant  circum- 
stances ;  a  dry  air  ;  a  temperature  as  warm  at  least  as 
that  of  the  spring  or  autumn  ;  and  a  moderate  current 
of  wind.  They  are  most  frequent  about  sun  set;  rare 
in  the  middle  parts  of  the  day  ;  and  I  do  not  recollect 
having  ever  met  with  them  in  the  morning. 

The  variation  in  the  weight  of  our  atmosphere,  as  in- 
dicated by  the  barometer,  is  not  equal  to  two  inches  of 
mercury.  During  twelve  months  observation  at  Wil- 
liamsburgh,  the  extremes  were  29,  and  30.86  inches, 
the  difference  being  1.86  of  an  inch  :  and  in  nine 
months,  during  which  the  heighth  of  the  mercury  was 
noted  at  Monticello,  the  extremes  "were  28.48  and  29.69 
inches,  the  variation  being  1.21  of  an  inch.  A  gentle- 
man, who  has  observed  his  barometer  many  years,  as- 
sures me  it  has  never  varied  two  inches.  Contempora- 
ry observations,  made  at  Monticello  and  Williamsburgh, 
proved  the  variations  in  the  weight  of  air  to  be  simul- 
taneous and  corresponding  in  these  two  places. 

Our  changes  from  heat  to  cold,  and  cold  to  heat,  are 


very  sudden  and  great.  Themercury  in  Farenheit's 
thermometer  has  been  known  to  descend  from  92°  to 
47°  in  thirteen  hours. 

It  is  taken  for  granted,  that  the  preceding  table  of 
average  heat  will  not  give  a  false  idea  on  this  subject, 
as  it  proposes  to  state  only  the  ordinary  heat  and  cold 
of  each  month,  and  not  those  which  are  extraordinary. 
At  Williamsburgb  in  August  1766,  the  mercury  in 
Farenheit's  thermometer  was  at  98°  corresponding  with 
29^  of  Reaumur.  At  the  same  plaee  in  January  1780, 
it  was  6°  corresponding  with  114  below  0,  of  Reaumur. 
I  believe*  these  may  be  considered  to  be  nearly  the 
extremes  of  heat  and  cold  in  that  part  of  the  country. 
The  latter  may  most  certainly,  as  at  that  time,  York 
river,  at  York  town,  was  frozen  over,  so  that  people 
walked  across  it ;  a  circumstance  which  proves  it  to 
have  been  colder  than  the  winter  of  1740,  1741,  usually 
called  the  cold  winter,  when  York  river  did  not  freeze 
over  at  that  place.  In  the  same  season  of  1780,  Chesa- 
peake bay  was  solid,  from  its  head  to  the  mouth  of 
Patowmac.  At  Annapolis,  where  it  is  5^  miles  over 
between  the  nearest  points  of  land,  the  ice  was  from  5 
to  7  inches  thick  quite  across,  so  that  loaded  carriages 
went  over  on  it.  Those,  our  extremes  of  heat  and  cold, 
of  6°  and  98°  were  indeed  very  distressing  to  us,  and 
were  thought  to  put  the  extent  of  the  human  constitu- 
tion to  considerable  trial.  Yet  a  Siberian  would  have 
considered  them  as  scarcely  a  sensible  variation.  At 
Jenniseitz  in  that  country,  in  latitude  58°  27'  we  are 
told,  that  the  cold  in  J735  sunk  the  mercury  by  Faren- 
heit's scale  to  126°  below  nothing  ;  and  the  inhabitants 
of  the  same  country  use  stove  rooms  two  or  three  times 
a  week,  in  which  they  stay  two  hours  at  a  time,  the 
atmosphere  of  which  raises  the  mercury  to  135°  above 
nothing.     Late  experiments  show  that  the  human  body 

*  At  Pans,  in  1?53,  the  mercury  in  Reaumur's  thermometer 
was  at  30  1-2  above  0,  and  in  1776,  it  was  at  1G  below  0.  The 
extremities  of  heat  and  cold  therefore  at  Paris,  are  greater  than 
at  Williamsburghj  which  is  in  the  hottest  part  of  Virginia. 


will  exist  in  rooms  heated  to  140°  of  Reaumur,  equal 
to  347°  of  Farenheit's,  and  135°  above  boiling  water. 
The  hottest  point  of  the  24  hours  is  about  four  o'clock, 
P.  M.  and  the  dawn  of  day  the  coldest. 

The   access  of  frost  in    autumn,  and  its  recess  the 
spring,  do  not  seem  to  depend  merely  on  the  degree 
of  cold  ;  much  less  on  the  air's  being  at  the  freezing 
point.     White    frosts    are  frequent    when  the  thermo- 
meter is  at  47°,  have  killed  young  plants  of  Indian  corn 
at  48°,  and  have  been  known  at  54°.     Black  frost,  and 
even  ice,  have  been  produced  at  38h°,  which  is  Qh.  de- 
grees above   the  freezing  point.     That  other    circum- 
stances must  be    combined  with    the  cold  to  produce 
frost,  is  evident  from  this  also,  on  the  higher  parts  of 
mountains,  where  it   is    absolutely  colder  than  in  the 
plains  on  which    they  stand,  frosts   do  not  appear  so 
early  by  a  considerable  space  of  time  in  autumn,  and 
go  off  sooner  in  the  spring,  than  in  the  plains.     I  have 
known  frosts  so  severe  as  to  kill  the  hiccory  trees  round 
about  Monticello,  and  yet  not  injure  the  tender  fruit 
blossoms  then  in  bloom  on  the  top  and  higher  parts  of 
the  mountain  ;  and  in  the  course  of  40  years,  during 
which  it  had  been  settled,  there  have  been  but  two  in- 
stances of  a  general  loss  of  fruit  on  it :  while,  in  the 
circumjacent  country,  the  fruit  has  escaped  but  twice 
in  the  last  seven  years.     The  plants  of  tobacco,  which 
grow  from  the  roots  of  those  which   have  been  cut  off 
in  the  summer,  are  frequently  green  here  at  Christmas. 
This  privilege  against  the  frost  is  undoubtedly  combin- 
ed with  the   want  of  dew  on  the  mountains.     That  the 
dew  is  very  rare  on  their  higher  parts,  I  may  say  with 
certainty,  from  12  years  observations,  having  scarcely 
ever,  during  that  time,  seen  an  unequivocal  proof  of  its 
existence  on  them  at  all  during  summer.     Severe  frosts 
in  the  depth  of  winter  prove  that  the  region  of  dews 
extends   higher  in  that   season   than  the  tops   of  the 
mountains :  but  certainly,  in  the  summer  season,  the 
vapours,  by  the  time  they  attain  that  heighth,  are  be- 
come so  attenuated  as  not  to  subside,  and  form  a  dew 
when  the  sun  retires. 


The  weavil  has  not  yet  ascended  the  high  moun- 

A  more  satisfactory  estimate  of  our  climate  to  some, 
may  perhaps  be  formed,  by  noting  the  plants  which 
grow  here,  subject  however  to  be  killed  by  our  sever- 
est colds.  These  are  the  fig,  pomegranate,  artichoke, 
and  European  walnut.  In  mild  winters,  lettuce  and 
endive  require  no  shelter  ;  but  generally  they  need  a 
slight  covering.  I  do  not  know  that  the  want  of  long 
moss,  reed,  myrtle,  swamp  laurel,  holly  and  cypress,  in 
the  upper  country,  proceeds  from  a  greater  degree  of 
cold,  nor  that  they  were  ever  killed  with  any  degree  of 
cold  in  the  lower  country.  The  aloe  lived  in  Williams- 
burgh,  in  the  open  air,  through  the  severe  winter  of 
1779,  1780. 

A  change  in  our  climate,  however,  is  taking  place 
very  sensibly.  Both  heats  and  colds  are  become  much 
more  moderate,  within  the  memory  even  of  the  middle- 
aged.  Snows  are  less  frequent  and  less  deep.  They 
do  not  often  lie,  below  the  mountains,  more  than  one, 
two,  or  three  days,  and  \ery  rarely  a  week.  They  are 
remembered  to  have  been  formerly  frequent,  deep,  and 
of  long  continuance.  The  elderly  inform  me,  the  earth 
used  to  be  covered  with  snow  about  three  months  in 
every  year.  The  rivers,  which  then  seldom  failed  to 
freeze  over  in  the  course  of  the  winter,  scarcely  ever  do 
so  now. 

This  change  has  produced  an  unfortunate  fluctuation 
between  heat  and  cold,  in  the  spring  of  the  year,  which 
is  very  fatal  to  fruits.  From  the  year  1741  to  1769,  an 
interval  of  twenty-eight  years,  there  was  no  instance  of 
fruit  killed  by  the  frost  in  the  neighbourhood  of  Monti- 
cello.  An  intense  cold  produced  by  constant  snows, 
kept  the  buds  locked  up  till  the  sun  could  obtain,  in  the 
spring  of  the  year,  so  fixed  an  ascendancy  as  to  dissolve 
those  snows,  and  protect  the  buds,  during  their  devel- 
opement,  from  every  danger  of  returning  cold.  The 
accumulated  snows  of  the  winter  remaining  to  be  dis- 
solved all  together  in  the  spring,  produced  those  over- 



flowings  of  our  rivers,  so  frequent  then,  and  so  rare 

Having  had  occasion  to  mention  the  particular  situa- 
tion of  Monticello  for  other  purposes,  I  will  just  take 
notice  that  its  elevation  affords  an  opportunity  of  seeing 
a  phenomenon  which  is  rare  at  land,  though  frequent 
at  sea.     The  seamen  call  it  looming.     Philosophy  is  as 
yet  in  the   rear  of  the  seamen,  for  so  far  from  having 
accounted  for  it,  she  has  not  given  it  a  name.     Its  prin- 
cipal effect  is  to  make  distant  objects  appear  larger,  in 
opposition  to  the  general  law  of  vision,  by   which  they 
are  diminished.      I  knew  an  instance  at  York  town, 
from  whence  the  water  prospect  eastward ly  is  without 
termination,  wherein  a  canoe   with    three    men,   at  a 
great  distance  was  taken  for  a  ship  with  its  three  masts. 
I  am  little  acquainted  with  the  phenomenon  as  it  shows 
itself  at  sea  ;  but  at  Monticello  it  is  familiar.     There  is 
a  solitary  mountain  about  forty  miles  off  in  the  South, 
whose  natural  shape,  as  presented  to  view  there,  is  a 
regular  cone  ;  but  by  the  effect  of  looming,  it  sometimes 
subsides   almost  totally  in  the   horizon  ;  sometimes  it 
rises  more   acute  and  more  elevated  ;  sometimes  it  is 
hemispherical ;  and  sometimes  its  sides  are  perpendicu- 
lar, its  top  flat,  and   as  broad   as  its  base.     In  short  it 
assumes  at  times  the   most  whimsical  shapes,  and   all 
these  perhaps  successively  in  the  same  morning.     The 
blue  ridge  of  mountains  comes  into  view,  in  the  north- 
east, at  about  100  miles  distance,  and  approaching  in  a 
direct  line,  passes  by  within   20  miles,  and   goes  off  to 
the  south-west.     This  phenomenon  begins  to  show  it- 
self on  these  mountains,  at  about  50  miles  distance,  and 
continues  beyond  that  as  far  as  they  are  seen.     I  re- 
mark no  particular  state,  either  in  the  weight,  mois- 
ture, or  heat  of  the  atmosphere,  necessary   to  produce 
this.     The  only  constant  circumstances  are  its  appear- 
ance in  the  morning  only,  and  on  objects  at  least  40  or 
50  miles  distant.     In  this  latter  circumstance,  if  not  in 
both,  it  differs  from  the  looming  on  the  water.     Refrac- 
tion will  not  account  for  the  metamorphosis.     That  on- 
ly changes  the  proportions  of  length  and  breadth,  base 


and  altitude,  preserving  the  general  outlines.  Thus  it 
may  make  a  circle  appear  elliptical,  raise  or  depress  a 
cone,  but  by  none  of  its  laws,  as  yet  developed,  will  it 
make  a  circle  appear  a  square,  or  a  cone  a  sphere. 


The  number  of  its  inhabitants  ? 

The  following  table  shows  the  number  of  persons 
imported  for  the  establishment  of  our  colony  in  its  in- 
fant state,  and  the  census  of  inhabitants  at  different  pe- 
riods, extracted  from  our  historians  and  public  re- 
cords, as  particularly  as  I  have  had  opportunities  and 
leisure  to  examine  them.  Successive  lines  in  the  same 
year  show  successive  periods  of  time  in  that  year.  I 
have  stated  the  census  in  two  different  columns,  the 
whole  inhabitants  having  been  sometimes  numbered, 
and  sometimes  the  tythes  only.  This  term,  with  us, 
includes  the  free  males  above  16  years  of  age,  and 
slaves  above  that  age  of  both  sexes.  A  further  exami- 
nation of  our  records  would  render  this  history  of  our 
population  much  more  satisfactory  and  perfect,  by  fur- 
nishing a  greater  number  of  intermediate  terms.  These, 
however,  which  are  here  stated  will  enable  us  to  calcu- 
late, with  a  considerable  degree  of  precision,  the  rate 
at  which  we  have  increased.  During  the  infancy  of 
the  colony,  while  numbers  were  small,  wars,  importa- 
tions, and  other  accidental  circumstances  render  the 
progression  fluctuating  and  irregular.  By  the  year 
1654,  however,  it  becomes  tolerably  uniform,  importa- 
tions having  in  a  great  measure  ceased  from  the  disso- 
lution of  the  company,  and  the  inhabitants  become  too 
numerous  to  be  sensibly  affected  by  Indian  wars.  Be- 
ginning at  that  period,  therefore,  we  find  that  from 
thence  to  the  year  1772,  our  tithes  had  increased  from 
7209  to  153,000.  The  whole  term  being  of  118  years, 
yields  a  duplication  once  in  every  27.1  years.  The  in- 
termediate enumerations  taken  in  1700,  1748,  and  1759, 
furnish  proofs  of  the  uniformity   of  this   progression, 



Settlers  imported. 

Census  of  Inhabi- 

Census  of  Tythes. 
















3  ships  loads. 








































Should  this  rate  of  increase  continue,  we  shall  have 
between  six  and  seven  millions  of  inhabitants  within 
95  years.  If  we  suppose  our  country  to  be  bounded,  at 
some  future  day,  by  the  meridian  of  the  mouth  of  the 
Great  Kanhaway,  (within  which  it  has  been  before 
conjectured,  are  64,461  square  miles)  there  will  then  be 
100  inhabitants  for  every  square  mile,  which  is  nearly 
the  state  of  population  in  the  British  Islands. 

Here  I  will  beg  leave  to  propose  a  doubt.  The  pre- 
sent desire  of  America  is  to  produce  rapid  population 
by  as  great  importations  of  foreigners  as  possible.  But 
is  this  founded  in  good  policy  ?  The  advantage  pro- 
posed is  the  multiplication  of  numbers.  Now  let  us 
suppose  (for  example  only)  that,  in  this  state,  we  could 
double  our  numbers  in  one  year  by  the  importation  of 
foreigners  ;  and  this  is  a  greater  accession  than  the 
most  sanguine  advocate  for  emigration  has  a  right  to 
expect.  Then  I  say,  beginning  with  a  double  stock, 
we  shall  attain  any  given  degree  of  population  only  27 
years,  and  3  months  sooner  than  if  we  proceed  on  our 
single  stock.  If  we  propose  four  millions  and  a  half  as 
a  competent  population  for  this  state,  we  should  be  54£ 
years  attaining  it,  could  we  at  once  double  our  num- 
bers;  and  8I4  years,  if  we  rely  on  natural  propagation, 
as  may  be  seen  by  the  following  table  : 



Proceeding  on 
our  present  stock. 

Proceeding  on 
a  double  stock. 









In  the  first  column  are  stated  periods  of  27-J  years  ; 
in  the  second  are  our  numbers  at  each  period,  as  they 
will  be  if  we  proceed  on  our  actual  stock  ;  and  in  the 
third  are  what  they  would  be,  at  the  same  periods, 
were  we  to  set  out  from  the  double  of  our  present 
stock.     I  have  taken  the  term  of  four  millions  and  a 



half  of  inhabitants  for  example's  sake  only.  Yet  I  am 
persuaded  it  is  a  greater  number  than  the  country  spo- 
ken of,  considering  how  much  in  arable  land  it  contains, 
can  clothe  and  feed,  without  a  material  change  in  the 
quality  of  their  diet.  But  are  there  no  inconveniences 
to  be  thrown  into  the  scale  against  the  advantage  ex- 
pected from  a  multiplication  of  numbers  by  the  impor- 
tation of  foreigners?  It  is  for  the  happiness  of  those 
united  in  society  to  harmonzie  as  much  as  possible  in  mat- 
ters which  they  must  of  necessity  transact  together.  Civil 
government  being  the  sole  object  of  forming  societies, 
its  administration  must  be  conducted  by  common  con- 
sent. Every  species  of  government  has  its  specific 
principles.  Ours  perhaps  are  more  peculiar  than  those 
of  any  other  in  the  universe.  It  is  a  composition  of  the 
freest  principles  of  the  English  constitution,  with  others 
derived  from  natural  right  and  natural  reason.  To 
these  nothing  can  be  more  opposed  than  the  maxims  of 
absolute  monarchies.  Yet,  from  such,  we  are  to  ex- 
pect the  greatest  number  of  emigrants.  They  will 
bring  with  them  the  principles  of  the  governments  they 
leave,  imbibed  in  their  early  youth  ;  or,  if  able  to  throw 
them  off,  it  will  be  in  exchange  for  an  unbounded  li- 
centiousness, passing,  as  is  usual,  from  one  extreme  to 
another.  It  would  be  a  miracle  were  they  to  stop  pre- 
cisely at  the  point  of  temperate  liberty.  These  princi- 
ples, with  their  language,  they  will  transmit  to  their 
children.  In  proportion  to  their  numbers,  they  will 
share  with  us  the  legislation.  They  will  infuse  into  it 
their  spirit,  warp  and  bias  its  directions,  and  render  it  a 
heterogeneous,  incoherent,  distracted  mass.  I  may  ap- 
peal to  experience,  during  the  present  contest,  for  a 
verification  of  these  conjertures.  Rut,  if  they  be  not 
certain  in  event,  are  they  not  possible,  are  they  not 
probable  ?  Is  it  not  safer  to  wait  with  patience  27 
years  and  three  months  longer,  for  the  attainment  of 
any  degree  of  population  desired  or  expected  ?  May 
not  our  government  be  more  homogeneous,  more  peace- 
able, more  durable  ?  Suppose  20  millions  of  republican 
Americans  thrown  all  of  a  sudden  into  France,  what 


would  be  the  condition  of  that  kingdom  ?  If  it  would 
be  more  turbulent,  less  happy,  less  strong1,  we  may  be- 
lieve that  the  addition  of  half  a  million  of  foreigners  to 
our  present  numbers  would  produce  a  similar  effect 
here.  If  they  come  of  themselves,  they  are  entitled  to 
all  the  rights  of  citizenship  :  but  I  doubt  the  expedien- 
cy of  inviting  them  by  extraordinary  encouragements. 
I  mean  not  that  these  doubts  should  be  extended  to  the 
importation  of  useful  artificers.  The  policy  of  that 
measure  depends  on  very  different  considerations. 
Spare  no  expense  in  obtaining  them.  They  will  after 
a  while  go  to  the  plough  and  the  hoe  ;  but,  in  the  mean 
time,  they  will  teach  us  something  we  do  not  know.  It 
is  not  so  in  agriculture.  The  indifferent  state  of  that 
among  us  does  not  proceed  from  a  want  of  knowledge 
merely  ;  it  is  from  our  having  such  quantities  of  land  to 
waste  as  we  please.  In  Europe  the  object  is  to  make 
the  most  of  their  land,  labour  being  abundant ;  here  it 
is  to  make  the  most  of  our  labour,  land  being  abun- 

It  will  be  proper  to  explain  how  the  numbers  for  the 
year  1782  have  been  obtained ;  as  it  was  not  from  a 
perfect  census  of  the  inhabitants.  It  will  at  the  same 
time  develope  the  proportion  between  the  free  inhabi- 
tants and  slaves.  The  following  return  of  taxable  ar- 
ticles for  that  year  was  given  in: 

53,289  free  males  above  21  years  of  age. 
211,698  slaves  of  all  ages  and  sexes. 
23,766  not  distinguished  in  the  returns,  but  said  to 
to  be  tytheable  slaves. 
195,439  horses.  * 
609,734  cattle. 

5,126  wheels  of  riding-carriages. 
191  taverns. 

There  were  no  returns  from  the  eight  counties  of 
Lincoln,  Jefferson,  Fayette,  Monongahelia,  Yohogania, 
Ohio,  Northampton  and  York.  To  find  the  number  of 
slaves  which  should  have  been  returned  instead  of  the 
23,766  tytheables,  we  must  mention  that  some  observa- 


tions  on  a  former  census  bad  given  reason  to  believe 
that  the  numbers  above  and  below  16  years  of  age  were 
equal.  The  double  of  this  number,  therefore  to  wit, 
47,532  must  be  added  to  211,698,  which  will  give  us 
259,230  slaves  of  all  ages  and  sexes.  To  find  the  num- 
ber of  free  inhabitants,  we  must  repeat  the  observation, 
that  those  above  and  below  16  are  nearly  equal.  But 
as  the  number  53,289  omits  the  males  below  16  and  21 
we  must  supply  them  from  conjecture.  On  a  former 
experiment  it  had  appeared  that  about  one  third  of  our 
militia,  that  is,  of  the  males  between  16  and  50,  were 
unmarried.  Knowing  how  early  marriage  takes  place 
here,  we  shall  not  be  far  wrong  in  supposing  that  the 
unmarried  part  of  our  militia  are  those  between  J  6  and 
21.  If  there  be  young  men  who  do  not  marry  till  after 
21,  there  are  many  who  marry  before  that  age.  But  as 
the  men  above  50  were  not  included  in  the  militia,  we 
will  suppose  the  unmarried,  or  those  between  16  and 
21,  to  be  one-fourth  of  the  whole  number  above  16, 
then  we  have  the  following  calculation  : 

53,289  free  males  above  21  years  of  age. 
17,763  free  males  between  16  and  21. 
71,052  free  males  under  16. 
142,104  free  males  of  all  ages. 

284,208  free  inhabitants  of  all  ages. 
259,230  slaves  of  all  ages. 

543,438  inhabitants,  exclusive  of  the  eight  counties 
from  which  were  no  returns.  In  these  eight  counties 
in  the  years  1779  and  1780,  were  3,161  militia.  Say 

3,161  free  males  above  the  age  of  16. 

3,161  ditto  under  16. 

6,322  free  females. 

12,644  free  inhabitants  in  these  eight  counties.      To 
find  the  number  of  slaves,  say,  as  284,208  to  259,230,  so 


is  12,644  to  11,532.     Adding  the  third  of  these  numbers 
to  the  first,  and  the  fourth  to  the  second,  we  have, 

296,852  free  inhabitants. 

270,762  slaves. 

567,614  inhabitants  of  every  age,  sex,  and  condition. 
But  296,852,  the  number  of  free  inhabitants,  are  to 
270,762,  the  number  of  slaves,  nearly  as  11  to  10.  Un- 
der the  mild  treatment  our  slaves  experience,  and  their 
wholesome,  though  coarse  food,  this  blot  in  our  coun- 
try increases  as  fast,  or  faster,  than  the  whites.  Dur- 
ing the  regal  government,  we  had  at  one  time  obtained 
a  law,  which  imposed  such  a  duty  on  the  importation 
of  slaves,  as  amounted  nearly  to  a  prohibition,  when 
one  inconsiderate  assembly,  placed  under  a  peculiarity 
of  circumstance  repealed  the  law.  This  repeal  met  a 
joyful  sanction  from  the  then  sovereign,  and  no  devi- 
ces, no  expedients,  which  could  ever  after  be  attempted 
by  subsequent  assemblies,  and  they  seldom  met  with- 
out attempting  them,  could  succeed  in  getting  the  royal 
assent  to  a  renewal  of  the  duty.  In  the  very  first  ses- 
sion held  under  the  republican  government,  the  assem- 
bly passed  a  law  for  the  perpetual  prohibition  of  the 
importation  of  slaves.  This  will  in  some  measure  stop 
the  increase  of  this  great  political  and  moral  evil,  while 
the  minds  of  our  citizens  may  be  ripening  for  a  com- 
plete emancipation  of  human  nature. 


The  number  and  condition  of  the  militia  and  regular 
troops,  and  their  pay  ? 

The  following  is  a  state  of  the  militia,  taken  from  re- 
turns of  1780  and  1781,  except  in  those  counties  mark- 
ed with  an  asterisk,  the  returns  from  which  are  some- 
what older. 

Every  able  bodied  freeman,  between  the  ages  of  16 
and  50  is  enrolled  in  the  militia.     Those  of  every  coun- 


ty  are  formed  into  companies,  and  these  again  into  one 
or  more  battalions,  according  to  the  numbers  in  the 
county.     They  are  commanded  by  colonels,  and  other 
subordinate  officers,  as  in  the  regular  service.     In  every 
county  is  a  county  lieutenant,  who  commands  the  whole 
militia  of  his  county,  but  ranks  only  as  a  colonel  in  the 
field.     We  have   no   general  officers  always  existing. 
These  are  appointed  occasionally,  when  an  invasion  or 
insurrection  happens,  and  their  commission  determines 
with  the  occasion.     The  governor  is  head  of  the  mili- 
tary, as  well  as  civil.     The  law  requires  every  militia- 
man to  provide   himself  with  the  arms  usual  in  the 
regular  service.     But  this  injunction  was  always  indif- 
ferently complied  with,  and  the   arms  they  had,  have 
been  so  frequently  called  for  to  arm  the  regulars,  that 
in  the  lower  parts  of  the  country  they  are  entirely  dis- 
armed.    In  the  middle  country  a  fourth  or  fifth  part  of 
them  may  have  such  firelocks  as  they  had  provided  to 
destroy  the  noxious  animals  which  infest  their  farms ; 
and  on  the  western  side  of  the  Blue  ridge  they  are 
generally  armed  with  rifles.     The  pay  of  our  militia, 
as  well  as  of  our  regulars,  is  that  of  the  continental 
regulars.     The  condition  of  our  regulars,  of  whom  we 
have  none  but  continentals,  and  part  of  a  battalion  of 
state  troops,  is  so  constantly  on  the  change,  that  a  state 
of  it  at  this  day  would  not  be  its  state  a  month  hence. 
It  is  much  the  same  with  the  condition  of  the  other 
continental  troops,  which  is  well  enough  known. 


The  marine  ? 

Before  the  present  invasion  of  this  state  by  the  Brit- 
ish under  the  command  of  General  Phillips,  we  had 
three  vessels  of  16  guns,  one  of  14,  five  small  gallies, 
and  two  or  three  armed  boats.  They  were  generally 
so  badly  manned  as  seldom  to  be  in  a  condition  for  ser- 
vice.    Since  the  perfect  possession  of  our  rivers  as- 


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sumed  by  the  enemy,  I  believe  we  are  left  with  a  sin- 
gle armed  boat  only. 


A  description  of  the  Indians  established  in  that  state? 
When  the  first  effectual  settlement  of  our  colony  was 
made,  which  was  in  1607,  the  country  from  the  sea- 
coast  to  the  mountains,  and  from  Patowmac  to  the 
most  southern  waters  of  James  river,  was  occupied  by 
upwards  of  forty  different  tribes  of  Indians,  Of  these 
the  Powhatans,  the  Mannahoacs,  and  Monacans,  were 
the  most  powerful.  Those  between  the  sea-coast  and 
falls  of  the  rivers,  were  in  amity  with  one  another,  and 
attached  to  the  Powhatans  as  their  link  of  union.  Those 
between  the  falls  of  the  rivers  and  the  mountains,  were 
divided  into  two  confederacies  ;  the  tribes  inhabiting 
the  head  waters  of  Patowmac  and  Rappahannock  be- 
ing attached  to  the  Mannahoacs  ;  and  those  on  the  up- 
per parts  of  James  river  to  the  Monacans.  But  the 
Monacans  and  their  friends  were  in  amity  with  the 
Mannahoacs  and  their  friends,  and  waged  joint  and 
perpetual  war  against  the  Powhatans.  We  are  told 
that  the  Powhatans,  .Mannahoacs,  and  Monacans,  spoke 
languages  so  radically  different,  that  interpreters  were 
necessary  when  they  transacted  business.  Hence  we 
may  conjecture,  that  this  was  not  the  case  between  all 
the  tribes,  and  probably  that  each  spoke  the  language 
of  the  nation  to  which  it  was  attached  ;  which  we 
know  to  have  been  the  case  in  many  particular  instan- 
ces. Very  possibly  there  may  have  been  anciently 
three  different  stocks,  each  of  which  multiplying  in  a 
long  course  of  time,  had  separated  into  so  many  little 
societies.  This  practice  results  from  the  circumstance 
of  their  having  never  submitted  themselves  to  any 
laws,  any  coercive  power,  any  shadow  of  government. 
Their  only  controls  are  their  manners,  and  that  moral 
sense  of  right  and  wrong,  which,  like  the  sense  of  tast- 


ing  and  feeling,  in  every  man  makes  a  part  of  his  na- 
ture. An  offence  against  these  is  punished  by  con- 
tempt, by  exclusion  from  society,  or,  where  the  case  is 
serious,  as  that  of  murder,  by  the  individuals  whom  it 
concerns.  Imperfect  as  this  species  of  coercion  may 
seem,  crimes  are  very  rare  among  them  ;  insomuch 
that  were  it  made  a  question,  whether  no  law,  as  among 
the  savage  Americans,  or  too  much  law,  as  among  the 
civilized  Europeans,  submits  man  to  the  greatest  evil ; 
one  who  has  seen  both  conditions  of  existence  would 
pronounce  it  to  be  the  last :  and  that  the  sheep  are  hap- 
pier of  themselves,  than  under  the  care  of  the  wolves. 
It  will  be  said,  that  great  societies  cannot  exist  without 
government.  The  savages  therefore  break  them  into 
small  ones. 

The  territories  of  the  Powhatan  confederacy,  south 
of  the  Patowmac,  comprehended  about  8000  square 
miles,  30  tribes,  and  2400  warriors.  Capt.  Smith  tells 
us,  that  within  60  miles  of  James  Town  were  5000 
people,  of  whom  1500  were  warriors.  From  this  we 
find  the  proportion  of  their  warriors  to  their  whole  in- 
habitants, was  as  3  to  10.  The  Powhatan  confederacy 
then  would  consist  of  about  8000  inhabitants,  which 
was  one  for  every  square  mile  ;  being  about  the  twen- 
tieth part  of  our  present  population  in  the  same  terri- 
tory, and  the  hundredth  of  that  of  the  British  islands. 

Besides  these,  were  the  Nottoivays,  living  on  Notto- 
way river,  the  Meherrins  and  Tuteloes  on  Meherrin 
river,  who  were  connected  with  the  Indians  of  Caroli- 
na, probably  with  the  Chowanocs. 

The  preceding  table  contains  a  state  of  these  several 
tribes,  according  to  their  confederacies  and  geographi- 
cal situation,  with  their  numbers  when  we  first  became 
acquainted  with  them  where  these  numbers  are  known. 
The  numbers  of  some  ©f  them  are  again  stated  as  they 
were  in  the  year  1669,  when  an  attempt  was  made  by 
the  assembly  to  enumerate  them.  Probably  the  enu- 
meration is  imperfect,  and  in  some  measure  conjectural, 
and  that  a  further  search  into  the  records  would  fur- 
nish many  more  particulars.     What  would  be  the  me- 



lancholy  sequel  of  their  history,  may  however  be  argued 
from  the  census  of  1669  ;  by  which  we  discover  that  the 
tribes  therein  enumerated  were,  in  the  space  of  62 
years,  reduced  to  about  one  third  of  their  former  num- 
bers. Spirituous  liquors,  the  small  pox,  war  and  an 
abridgment  of  territory,  to  a  people  who  lived  princi- 
pally on  the  spontaneous  productions  of  nature,  had 
committed  terrible  havock  among  them,  which  genera- 
tion, under  the  obstacles  opposed  to  it  among  them, 
was  not  likely  to  make  good.  That  the  lands  of  this 
country  were  taken  from  them  by  conquest,  is  not  so 
general  a  truth  as  is  supposed.  I  find  in  our  historians 
and  records,  repeated  proofs  of  purchase,  which  cover 
a  considerable  part  of  the  lower  country  ;  and  many 
more  would  doubtless  be  found  on  further  search. 
The  upper  country  we  know  has  been  acquired  alto- 
gether by  purchases  made  in  the  most  unexceptionable 

Westward  of  all  these  tribes,  beyond  the  mountains, 
and  extending  to  the  great  lakes,  were  the  Massawo- 
mees,  a  most  powerful  confederacy,  who  harassed  un- 
remittingly the  Powhatans  and  Manahoacs.  These  were 
probably  the  ancestors  of  tribes  known  at  present  by 
the  name  of  the  Six  JVatioiis. 

Very  little  can  now  be  discovered  of  the  subsequent 
history  of  these  tribes  severally.  The  Chickahominies 
removed  about  the  year  1661,  to  Mattapony  river. 
Their  chief,  with  one  from  each  of  the  Pamimkies  and 
Mattaponies,  attended  the  treaty  of  Albany  in  1685. 
This  seems  to  have  been  the  last  chapter  in  their  his- 
tory. They  retained  however  their  separate  name  so 
late  as  1705,  and  were  at  length  blended  with  the  Pa- 
munkies  and  Mattaponies,  and  exist  at  present  only 
under  their  names.  There  remain  of  the  Mattaponies 
three  or  four  men  only,  and  have  more  negro  than  In- 
dian blood  in  them.  They  have  lost  their  language, 
have  reduced  themselves,  by  voluntary  sales,  to  about 
fifty  acres  of  land,  which  lie  on  the  river  of  their  own 
name,  and  have  from  time  to  time,  been  joining  the  Pa- 
munkies,  from  whom  they  are  distant  but  10  miles. 


The  Pamunkies  are  reduced  to  about  10  or  12  men,  to- 
lerably pure  from  mixture  with  other  colours.  The 
older  ones  among  them  preserve  their  language  in  a 
small  degree,  which  are  the  last  vestiges  on  earth,  as 
far  as  we  know,  of  the  Powhatan  language.  They 
have  about  300  acres  of  very  fertile  land,  on  Pamunkey 
river,  so  encompassed  by  water  that  a  gate  shuts  in  the 
whole.  Of  the  A "ottoways,  not  a  male  is  left.  A  few 
women  constitute  the  remains  of  that  tribe.  They  are 
seated  on  Nottoway  river,  in  Southampton  county,  on 
very  fertile  lands.  At  a  very  early  period,  certain  lands 
were  marked  out  and  appropriated  to  these  tribes,  and 
were  kept  from  encroachment  by  the  authority  of  the 
laws.  They  have  usually  had  trustees  appointed,  whose 
duty  was  to  watch  over  their  interests,  and  guard  them 
from  insult  and  injury. 

The  Monacans  and  their  friends,  better  known  latterly 
by  the  name  of  the  Tuscaroras,  were  probably  connected 
with  the  Massawomecs,  or  Five  Nations.  For  though 
we  are*  told  their  languages  were  so  different  that  the 
intervention  of  interpreters  was  necessary  between 
them,  yet  do  we  alsof  learn  that  the  Erigas,  a  nation 
formerly  inhabiting  on  the  Ohio,  were  of  the  same  ori- 
ginal stock  with  the  Five  Nations,  and  that  they  par- 
took also  of  the  Tuscarora  language.  Their  dialects 
might,  by  long  separation  have  become  so  unlike  as  to 
be  unintelligible  to  one  another.  We  know  that  in 
1712,  the  Five  Nations  received  the  Tuscaroras  into 
their  confederacy,  and  made  them  the  Sixth  Nation. 
They  received  the  Meherrins  and  Tuteloes  also  into 
their  protection  :  and  it  is  most  probable,  that  the  re- 
mains of  many  other  of  the  tribes,  of  whom  we  find  no 
particular  account,  retired  westwardly  in  like  manner, 
and  were  incorporated  with  one  or  other  of  the  western 
tribes.  (5) 

1  know  of  no  such  thing  existing  as  an  Indian  monu- 
ment: for  I  would  not  honour  with  that  name  arrow 
points,  stone   hatchets,  stone  pipes,   and  half  shapen 

*  Smith.  t  Evans. 


images.  Of  labour  on  the  large  scale,  I  think  there  is 
no  remain  as  respectable  as  would  be  a  common  ditch 
for  the  draining  of  lands  :  unless  indeed  it  would  be  the 
barrows,  of  which  many  are  to  be  found  all  over  this 
country.  These  are  of  different  sizes,  some  of  them 
consfl-ucted  of  earth,  and  some  of  loose  stones.  That 
they  were  repositories  of  the  dead,  has  been  obvious  to 
all:  but  on  what  particular  occasion  constructed,  was 
a  matter  of  doubt.  Some  have  thought  they  covered 
the  bones  of  those  who  have  fallen  in  battles  fought  on 
the  spot  of  interment.  Some  ascribed  them  to  the  cus- 
tom, said  to  prevail  among  the  Indians,  of  collecting,  at 
certain  periods  the  bones  of  all  their  dead,  wheresoever 
deposited  at  the  time  of  death.  Others  again  supposed 
them  the  general  sepulchres  for  towns,  conjectured  to 
have  been  on  or  near  these  grounds  ;  and  this  opinion 
was  supported  by  the  quality  of  the  lands  in  which  they 
are  found,  (those  constructed  of  earth  being  generally 
in  the  softest  and  most  fertile  meadow  grounds  on  river 
sides)  and  by  a  tradition,  said  to  be  handed  down  from 
the  aboriginal  Indians,  that,  when  they  settled  in  a 
town,  the  first  person  who  died  was  placed  erect,  and 
earth  put  about  him,  so  as  to  cover  and  support  him  ; 
that  when  another  died,  a  narrow  passage  was  dug  to 
the  first,  the  second  reclined  against  him,  and  the  cover 
of  earth  replaced,  and  so  on.  There  being  one  of  these 
in  my  neighbourhood,  I  wished  to  satisfy  myself  whe- 
ther any,  and  which  of  these  opinions  were  just.  For 
this  purpose  I  determined  to  open  and  examine  it  tho- 
roughly. It  was  situated  on  the  low  grounds  of  the 
Rivanna,  about  two  miles  above  its  principal  fork,  and 
opposite  to  some  hills,  on  which  had  been  an  Indian 
town.  It  was  of  a  spheroidical  form,  of  about  40  feet 
diameter  at  the  base,  and  had  been  of  about  twelve  feet 
altitude,  though  now  reduced  by  the  plough  to  seven 
and  a  half,  having  been  under  cultivation  about  a  dozen 
years.  Before  this  it  was  covered  with  trees  of  12 
inches  diameter,  and  round  the  base  was  an  excavation 
of  five  feet  depth  and  width,  from  whence  the  earth 
had  been  taken  of  which  the  hillock  was  formed.     I 


first  dug  superficially  in  several  parts  of  it,  and  came  to 
collections  of  human  bones,  at  different  depths,  from 
six  inches  to  three  feet  below  the  surface.  These  were 
lying  in  the  utmost  confusion,  some  vertical,  some  ob- 
lique, some  horizontal,  and  directed  to  every  point  of 
the  compass,  entangled,  and  beld  together  in  clusters 
by  the  earth.  Bones  of  the  most  distant  parts  were 
found  together,  as,  for  instance,  the  small  bones  of  the 
foot  in  the  hollow  of  a  scull ;  many  sculls  would  some- 
times be  in  contact,  lying  on  the  face,  on  the  side,  on 
the  back,  top  or  bottom,  so  as,  on  the  whole,  to  give  the 
idea  of  bones  emptied  promiscuously  from  a  bag  or 
basket,  and  covered  over  with  earth,  without  any  atten- 
tion to  their  order.  The  bones  of  which  the  greatest 
numbers  remained,  were  sculls,  jaw  bones,  teeth,  the 
bones  of  the  arms,  thighs,  legs,  feet  and  hands.  A  few 
ribs  remained,  some  vertebras  of  the  neck  and  spine, 
without  their  processes,  and  one  instance  only  of  the* 
bone  which  serves  as  a  base  to  the  vertebral  column. 
The  sculls  were  so  tender,  that  they  generally  fell  to 
pieces  on  being  touched.  The  other  bones  were  strong- 
er. There  were  some  teeth  which  were  judged  to  be 
smaller  than  those  of  an  adult ;  a  scull,  which  on  a  slight 
view,  appeared  to  be  that  of  an  infant,  but  it  fell  to  pieces 
on  being  taken  out,  so  as  to  prevent  satisfactory  exami- 
nation ;  a  rib,  and  a  fragment  of  the  under  jaw  of  a  per- 
son about  half  grown  ;  another  rib  of  an  infant  ;  and 
part  of  the  jaw  of  a  child,  which  had  not  cut  its  teeth. 
This  last  furnishing  the  most  decisive  proof  of  the  burial 
of  children  here,  I  was  particular  in  my  attention  to  it. 
It  was  part  of  the  right  half  of  the  under  jaw.  The 
processes,  by  which  it  was  attenuated  to  the  temporal 
bones,  were  entire,  and  the  bone  itself  firm  to  where  it 
had  been  broken  off,  which,  as  nearly  as  I  could  judge, 
was  about  the  place  of  the  eye-tooth.  Its  upper  edge, 
wherein  would  have  been  the  sockets  of  the  teeth,  was 
perfectly  smooth.  Measuring  it  with  that  of  an  adult, 
by  placing  their  hinder  processes  together,  its  broken 

*  The  09  sacrum. 


end  extended  to  the  penultimate  grinder  of  the  adult. 
This  bone  was  white,  all  the  others  of  a  sand  colour. 
The  bones  of  infants  being  soft,  they  probably  decay 
sooner,  which  might  be  the  cause  so  few  were  found 
here.  I  proceeded  then  to  make  a  perpendicular  cut 
through  the  body  of  the  barrow,  that  I  might  examine 
its  internal  structure.  This  passed  about  three  feet 
from  its  centre,  was  opened  to  the  former  surface  of  the 
earth,  and  was  wide  enough  for  a  man  to  walk  through 
and  examine  its  sides.  At  the  bottom,  that  is,  on  the 
level  of  the  circumjacent  plain,  I  found  bones;  above 
these  a  few  stones,  brought  from  a  cliff  a  quarter  of  a 
mile  off,  and  from  the  river  one-eighth  of  a  mile  off; 
then  a  large  interval  of  earth,  then  a  stratum  of  bones, 
and  so  on.  At  one  end  of  the  section  were  four  strata 
of  bones  plainly  distinguishable  ;  at  the  other,  three  ; 
the  strata  in  one  part  not  ranging  with  those  in  another. 
The  bones  nearest  the  surface  were  least  decayed.  No 
holes  were  discovered  in  any  of  them,  as  if  made  with 
bullets,  arrows,  or  other  weapons.  I  conjectured  that 
in  this  barrow  might  have  been  a  thousand  skeletons. — 
Every  one  will  readily  seize  the  circumstances  above 
related,  which  militate  against  the  opinion,  that  it  cover- 
ed the  bones  only  of  persons  fallen  in  battle ;  and 
against  the  tradition  also,  which  would  make  it  the 
common  sepulchre  of  a  town,  in  which  the  bodies  were 
placed  upright,  and  touching  each  other.  Appearances 
certainly  indicate  that  it  has  derived  both  origin  and 
growth  from  the  accustomary  collection  of  bones,  and 
deposition  of  them  together  ;  that  the  first  collection 
had  been  deposited  on  the  common  surface  of  the  earth, 
a  few  stones  put  over  it,  and  then  a  covering  of  earth, 
that  the  second  had  been  laid  on  this,  had  covered  more 
or  less  of  it  in  proportion  to  the  number  of  bones,  and 
was  then  also  covered  with  earth  ;  and  so  on.  The  fol- 
lowing are  the  particular  circumstances  which  give  it 
this  aspect.  1.  The  number  of  bones.  2.  Their  con- 
fused position.  3.  Their  being  in  different  strata.  4. 
The  strata  in  one  part  having  no  correspondence  with 
those  in  another.     5.  The  different  states  of  decay  in 


these  strata,  which  seem  to  indicate  a  difference  in  the 
time  of  inhumation.  6.  The  existence  of  infant  bones 
among  them. 

But  on  whatever  occasion  they  may  have  been  made, 
they  are  of  considerable  notoriety  among  the  Indians: 
for  a  party  passing,  about  thirty  years  ago,  through  the 
part  of  the  country  where  this  barrow  is,  went  through 
the  woods  directly  to  it,  without  any  instructions  or  en- 
quiry, and  having  staid  about  it  some  time,  with  expres- 
sions which  were  construed  to  be  those  of  sorrow,  they 
returned  to  the  high  road,  which  they  had  left  about 
half  a  dozen  miles  to  pay  this  visit,  and  pursued  their 
journey.  There  is  another  barrow  much  resembling 
this,  in  the  low  grounds  of  the  south  branch  of  Shenan- 
doah where  it  is  crossed  by  the  road  leading  from  the 
Rockfish  gap  to  Staunton.  Both  of  these  have  within 
these  dozen  years,  been  cleared  of  their  trees,  and  put 
under  cultivation,  are  much  reduced  in  their  heightb, 
and  spread  in  width,  by  the  plough,  and  will  probably 
disappear  in  time.  There  is  another  on  a  hill  in  the 
Blue  ridge  of  mountains,  a  few  miles  north  of  Wood's 
gap,  which  is  made  up  of  small  stones  thrown  together. 
This  lias  been  opened  and  found  to  contain  human 
bones,  as  the  others  do.  There  are  also  many  others 
in  other  parts  of  the  country. 

Great  question  has  arisen  from  whence  came  those 
aboriginals  of  America  ?  Discoveries,  long  ago  made, 
were  sufficient  to  show  that  the  passage  from  Europe 
to  America  was  always  practicable,  even  to  the  imper- 
fect navigation  of  ancient  times.  In  going  from  Nor- 
way to  Iceland,  from  Iceland  to  Groenland,  fromGroen- 
land  to  Labrador,  the  first  traject  is  the  widest :  and 
this  having  been  practised  from  the  earliest  times  of 
which  we  have  any  account  of  that  part  of  the  earth,  it 
is  not  difficult  to  suppose  that  the  subsequent  trajects 
may  have  been  sometimes  passed.  Again,  the  late  dis- 
coveries of  Captain  Cook,  coasting  from  Kamschatka 
to  California,  have  proved  that  if  the  two  continents  of 
Asia  and  America  be  separated  at  all,  it  is  only  by  a 
narrow  strait.     So  that  from  this  side  also,  inhabitants 


may  have  passed  into  America :  and  the  resemblance 
between  the  Indians  of  America  and  the  eastern  inhabi- 
tants of  Asia,  would  induce  us  to  conjecture,  that  the 
former  are  the  descendants  of  the  latter,  or  the  latter  of 
the  former:  excepting  indeed  the  Eskimaux,  who,  from 
the  same  circumstances  of  resemblance,  and  from  iden- 
tity of  language,  must  be  derived  from  the  Greenland- 
ers,  and  these  probably  from  some  of  the  northern  parts 
of  the  old  continent.  A  knowledge  of  their  several 
languages  would  be  the  most  certain  evidence  of  their 
derivation  which  could  be  produced.  In  fact,  it  is  the 
best  proof  of  the  affinity  of  nations  which  ever  can  be 
referred  to.  How  many  ages  have  elapsed  since  the 
English,  the  Dutch,  the  Germans,  the  Swiss,  the  Nor- 
wegians, Danes  and  Swedes  have  separated  from  their 
common  stock  ?  Yet  how  many  more  must  elapse  be- 
fore the  proofs  of  their  common  origin,  which  exist  in 
their  several  languages,  will  disappear  ?  It  is  to  be  la- 
mented then,  very  much  to  be  lamented,  that  we  have 
suffered  so  many  of  the  Indian  tribes  already  to  extin- 
guish, without  our  having  previously  collected  and  de- 
posited in  the  records  of  literature,  the  general  rudi- 
ments at  least  of  the  languages  they  spoke.  Were  vo- 
cabularies formed  of  all  the  languages  spoken  in  North 
and  South  America,  preserving  their  appellations  of  the 
most  common  objects  in  nature,  of  those  which  must 
be  present  to  every  nation  barbarous  or  civilized,  with 
the  inflections  of  their  nouns  and  verbs,  their  principles 
of  regimen  and  concord,  and  these  deposited  in  all  the 
public  libraries,  it  would  furnish  opportunities  to  those 
skilled  in  the  languages  of  the  old  world  to  compare 
them  with  these,  now,  or  at  any  future  time,  and  hence 
to  construct  the  best  evidence  of  the  derivation  of  this 
part  of  the  human  race. 

But  imperfect  as  is  our  knowledge  of  the  tongues 
spoken  in  America,  it  suffices  to  discover  the  follow- 
ing remarkable  fact.  Arranging  them  under  the  radi- 
cal ones  to  which  they  may  be  palpably  traced,  and 
doing  the  same  by  those  of  the  red  men  of  Asia,  there 
will  be  found  probably  twenty  in  America,  for  one  in 


Asia,  of  those  radical  languages,  so  called  because,  if 
they  were  ever  the  same  they  have  lost  all  resemblance 
to  one  another.  A  separation  into  dialects  may  be  the 
work  of  a  few  ages  only,  but  for  two  dialects  to  recede 
from  one  another  till  they  have  Lost  all  vestiges  of  their 
common  origin,  must  require  an  immense  course  of 
time  ;  perhaps  not  less  than  many  people  give  to  the 
age  of  the  earth.  A  greater  number  of  those  radical 
changes  of  language  having  taken  place  among  the  red 
men  of  America,  proves  them  of  greater  antiquity  than 
those  of  Asia. 

I  will  now  proceed  to  state  the  nations  and  numbers 
of  the  Aborigines  which  still  exist  in  a  respectable  and 
independent  form.  And  as  their  undefined  boundaries 
would  render  it  difficult  to  specify  those  only  which 
may  be  within  any  certain  limits,  and  it  may  not  be  un- 
acceptable to  present  a  more  general  view  of  them,  I 
will  reduce  within  the  form  of  a  catalogue  all  those 
within,  and  circumjacent  to,  the  United  States,  whose 
names  and  numbers  have  come  to  my  notice.  These 
are  taken  from  four  different  lists,  the  first  of  which 
was  given  in  the  year  1759  to  General  Stanwix  by 
George  Croghan,  deputy  agent  for  Indian  affairs  under 
Sir  William  Johnson  ;  the  second  was  drawn  up  by  a 
French  trader  of  considerable  note,  resident  among  the 
Indians  many  years,  and  annexed  to  Colonel  Bouquet's 
printed  account  of  his  expedition  in  1764.  The  third 
was  made  out  by  Captain  Hutchins,  who  visited  most  of 
the  tribes,  by  order,  for  the  purpose  of  learning  their 
numbers  in  17G8.  And  the  fourth  by  John  Dodge,  an 
Indian  trader,  in  1779,  except  the  numbers  marked  *, 
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Chickasaw  s 
Upper  Cree 
Lower  Cree 

C    =-  =    r    " 

'5  .-  3  /C8  •- 





Within  the  limits  of  the  United  States. 


The  following  tribes  art  also  mentioned: 

tj   C r  .nn  (  From  the  mouth  of  Ohio  to  the  mouth 

£   |  Lezar,     .     .     400  ]      „fWnwh 


of  Wabash. 
U  J  Webings,  .     .  200     On  the  Mississippi  below  the  Shakies. 
Ousasoys      )  4nnn  $  On  White  Creek,  a  branch  of  the  Mis- 
Grand  Tuc  )  l      sissippi. 
Linways,  .      1000     On  the  Mississippi. 



Les  Puans,        700     Near  Puans  Bay. 
•£   f  Folle  Avoine     350    Near  Puans  Bay. 
£      Ouanakina,       300 

5"<{  Chickanessou,  350  (  Conjectured  to  be  tribes  of  the 





Machecous,       800  (      Creeks. 
Soulikilas,         200 

North-West   of    L.  Michigan,    to    the 
Mineamis,       2000  1      heads  of   Mississippi,  and    up   to  L. 
f      Superior. 

Piankishas,    i  (0natld  near  the  Wabash   toward  the 

Mascoutins,  >  800  <      Tir 

T,        .,,.       '  I  i      Illinois. 

Vermulions,  )  f 

But  apprehending  these  might  be  different  appella- 
tions for  some  of  the  tribes  already  enumerated,  I 
have  not  inserted  them  in  the  table,  but  state  them  sep- 
arately as  worthy  of  further  enquiry.  The  variations 
observable  in  numbering  the  same  tribe  may  sometimes 
be  ascribed  to  imperfect  information,  and  sometimes  to 
a  greater  or  less  comprehension  of  settlements  under 
the  same  name.  (7) 


A  notice  of  the  counties,  cities,  townships,  and  vil- 
lages ? 

The  counties  have  been  enumerated  under  Query 
IX.  They  are  74  in  number,  of  very  unequal  size 
and  population.     Of  these  35  are  on  the  tide  waters, 


or  in  that  parallel ;  23  are  in  the  midlands,  between 
the  tide  waters  and  Blue  ridge  of  mountains  ;  8  be- 
tween the  Blue  ridge  and  Alleghaney  ;  and  8  westward 
of  the  Alleghaney. 

The  state  by  another  division,  is  formed  into  parish- 
es, many  of  which  are  commensurate  with  the  coun- 
ties:  but  sometimes  a  county  comprehends  more  than 
one  parish,  and  sometimes  a  parish  more  than  one 
county.  This  division  had  relation  to  the  religion  of 
the  state,  a  parson  of  the  Anglican  church,  with  a  fixed 
salary,  having  been  heretofore  established  in  each  par- 
ish. The  care  of  the  poor  was  another  object  of  the 
parochial  division. 

We  have  no  townships.  Our  country  being  much 
intersected  with  navigable  waters,  and  trade  brought 
generally  to  our  doors,  instead  of  our  being  obliged  to 
go  in  quest  of  it,  has  probably  been  one  of  the  causes 
why  we  have  no  towns  of  any  consequence.  Williams- 
burgh,  which  till  the  year  1780,  was  the  seat  of  our 
government,  never  contained  above  1800  inhabitants  ; 
and  Norfolk  the  most  populous  town  we  ever  had,  con- 
tained but  G000.  Our  towns,  but  more  properly  our 
villages  or  hamlets,  are  as  follows  : 

On  James  river  and  its  waters,  Norfolk,  Portsmouth, 
Hampton,  Suffolk,  Smithfield,  Williamsburgh,  Peters- 
burgh,  Richmond,  the  seat  of  our  government,  Man- 
chester, Charlottesville,  New  London, 

On  York  river  and  its  waters,  York,  Newcastle,  Han- 

On  Rappahannock,  Urbanna,  Port  royal,  Fredericks- 
burgh,  Falmouth. 

On  Patowmac  and  its  waters,  Dumfries,  Colchester, 
Alexandria,  Winchester,  and  Staunton. 

On  Ohio,  Louisville. 

There  are  other  places  at  which,  like  some  of  the 
foregoing,  the  laivs  have  said  there  shall  be  towns;  but 
Nature  has  said  there  shall  not,  and  they  remain  un- 
worthy of  enumeration.  Norfolk  will  probably  be  the 
emporium  for  all  the  trade  of  the  Chesapcak  Lay  and 
its  waters;  and  a  canal  of  8  or  10  miles  will  bring  to 


it  all  that  of  Albermarle  sound  and  its  waters.  Secon- 
dary to  this  place,  are  the  towns  at  the  head  of  the  tide 
waters,  to  wit,  Petersburg  on  Appomattox.  Rich- 
mond on  James  river.  Newcastle  on  York  river.  Alex- 
andria on  Patowmac,  and  Baltimore  on  Patapsco.  From 
these  the  distribution  will  be  to  subordinate  situations 
in  the  country.  Accidental  circumstances  however 
may  control  the  indications  of  nature,  and  in  no  in- 
stances do  they  do  it  more  frequently  than  in  the  rise 
and  fall  of  towns. 


The  constitution  of  the  state,  and  its  several  char- 
ters ? 

Queen  Elizabeth  by  her  letters  patent,  bearing  date 
March  25,  1584,  licensed  Sir  Walter  Raleigh  to  search 
for  remote  heathen  lands,  not  inhabited  by  Christian 
people,  and  granted  to  him,  in  fee  simple,  all  the  soil 
within  200   leagues   of  the   places   where    his   people 
should,  within  six  years  make  their  dwellings  or  abid- 
ings  ;  reserving  only  to  herself  and  her  successors,  their 
allegiance  and  one  fifth  part  of  all  the  gold  and  silver 
ore  they   should  obtain.     Sir  Walter  immediately  sent 
out  two  ships  which  visited  Wococon  island  in  North 
Carolina,  and  the  next  year  despatched  seven  with  107 
men  who  settled  in  Roanoak  island,   about  latitude  35° 
50'.     Here  Okiskoo,  king  of  the  Weopomeiocs,  in  a  full 
council  of  his  people  is  said    to    have    acknowledged 
himself  the  homager  of  the  Queen  of  England,  and  af- 
ter her,  of  Sir  Walter  Raleigh.     A  supply  of  50  men 
were  sent  in  1586,  and  150  in    1587.     With   these  last, 
Sir  Walter  sent  a  governor,  appointed  him  12  assistants, 
gave  them  a  charter  of  incorporation,  and  instructed 
them  to  settle  on  Chesapeak  bay.     They  landed,  how- 
ever at  Hatorask.     In  1588,  when  a  fleet  was  ready  to 
sail  with  a  new  supply  of  colonists  and  necessaries,  they 
were  detained  by  the  Queen  to  assist  against  the  Span- 


ish  armada.  Sir  Walter  having  now  expended  40,000Z. 
in  these  enterprises,  obstructed  occasionally  by  the 
crown  without  a  shilling  of  aid  from  it,  was  under  a 
necessity  of  engaging  others  to  adventure  their  money. 
He  therefore,  by  deed  bearing  date  the  7th  of  March, 
1589,  by  the  name  of  Sir  Walter  Raleigh,  Chief  Gover- 
nor of  Assamacomoc  (probably  Acomac,)  alias  Winga- 
dacoia,  alias  Virginia,  granted  to  Thomas  Smith  and 
others,  in  consideration  of  their  adventuring  certain 
sums  of  money,  liberty  of  trade  to  his  new  country,  free 
from  all  customs  and  taxes  for  seven  years,  excepting 
the  fifth  part  of  the  gold  and  silver  ore  to  be  obtained  ; 
and  stipulated  with  them,  and  the  other  assistants,  then 
in  Virginia,  that  he  would  confirm  the  deed  of  incor- 
poration which  he  had  given  in  1587,  with  all  the  pre- 
rogatives, jurisdictions,  royalties  and  privileges  granted 
to  him  by  the  Queen.  Sir  Walter,  at  different  times, 
sent  five  other  adventurers  hither,  the  last  of  which 
was  in  1602:  for  in  1603  he  was  attainted,  and  put  into 
close  imprisonment,  which  put  an  end  to  his  cares  over 
his  infant  colony.  What  was  the  particular  fate  of  the 
colonists  he  had  before  sent  and  seated,  has  never  been 
known:  whether  they  were  murdered,  or  incorporated 
with  the  savages. 

Some  gentlemen  and  merchants,  supposing  that  by 
the  attainder  of  Sir  Walter  Raleigh  the  grant  to  him 
was  forfeited,  not  enquiring  over  carefully  whether  the 
sentence  of  an  English  court  could  affect  lands  not 
within  the  jurisdiction  of  that  court,  petitioned  king 
James  for  a  new  grant  of  Virginia  to  them.  He  accord- 
ingly executed  a  grant  to  Sir  Thomas  Gates  and  others 
bearing  date  the  9th  of  March  1607,  under  which,  in 
the  same  year  a  settlement  was  effected  at  Jamestown 
and  ever  after  maintained.  Of  this  grant  however,  no 
particular  notice  need  he  taken,  as  it  was  superseded  by 
letters  patent  of  the  same  king,  of  May  23,  1609,  to  the 
Earl  of  Salisbury  and  others,  incorporating  them  by  the 
name  of"  the  Treasurer  and  Company  of  adventurers 
and  planters  of  tho  City  of  London  for  the  first  colony 
in  Virginia,"  granting  to  them  and  their  successors  all 



the  lands  in  Virginia  from  Point  Comfort  along  the  sea 
coast  to  the  northward  200  miles,  and  from  the  same 
point  along  the  sea  coast  to  the  southward  200  miles, 
and  all  the  space  from  this  precinct  on  the  sea  coast  up 
into  the  land,  west  and  north-west,  from  sea  to  sea,  and 
the  islands  within  one  hundred  miles  of  it,  with  all  the 
communities,  jurisdictions,  royalties,  privileges,  fran- 
chises and  preeminences  within  the  same,  and  thereto 
and  thereabouts,  by  sea  and  land,  appertaining  in  as 
ample  manner  as  had  before  been  granted  to  any  ad- 
venturers:  to  be  held  to  the  king  and  his  successors, 
in  common  soccage,  yielding  one  fifth  part  of  the  gold 
and  silver  ore  to  be  therein  found,  for  all  manner  of 
services  ;  establishing  a  counsel  in  England  for  the  di- 
rection of  the  enterprise,  the  members  of  which  were  to 
be  chosen  and  displaced  by  the  voice  of  the  majority  of 
the  company  and  adventurers,  and  were  to  have  the 
nomination  and  revocation  of  governors,  officers  and 
ministers,  which  by  them  should  be  thought  needful  for 
the  colony,  the  power  of  establishing  laws  and  forms  of 
government  and  magistracy,  obligatory  not  only  within 
the  colony,  but  also  on  the  seas  in  going  and  coming  fo 
and  from  it ;  authorising  them  to  carry  thither  any  per- 
sons who  should  consent  to  go,  freeing  them  for  ever 
from  all  taxes  and  impositions  on  any  goods  or  merchan- 
dise on  importations  into  the  colony,  or  exportation  out 
of  it,  except  the  five  per  cent,  due  for  custom  on  all 
goods  imported  into  the  British  dominions,  according  to 
the  ancient  trade  of  merchants  ;  which  five  per  cent, 
only  being  paid  they  might,  within  13  months  reexport 
the  same  goods  in  foreign  parts,  without  any  custom, 
tax,  or  other  duty,  to  the  king,  or  any  of  his  officers,  or 
deputies  ;  with  powers  of  waging  war  against  those 
who  should  annoy  them  ;  giving  to  the  inhabitants  of 
the  colony  all  the  rights  of  natural  subjects,  as  if  born 
and  abiding  in  England  ;  and  declaring  that  these  let- 
ters should  be  construed,  in  all  doubtful  parts,  in  such 
manner  as  should  be  most  for  the  benefit  of  the  gran- 
Afterwards  on  the  12th  of  March  1612,  by  other  let- 


ters  patent,  the  king  added  to  his  former  grants,  all 
islands  in  any  part  of  the  ocean  between  the  30th  and 
41st  degrees  of  latitude,  and  within  300  leagues  of  any 
of  the  parts  before  granted  to  the  treasurer  and  compa- 
ny, not  being  possessed  or  inhabited  by  any  other 
Christian  prince  or  state,  nor  within  the  limits  of  the 
northern  colony. 

In  pursuance  of  the  authorities  given  to  the  compa- 
ny by  these  charters,  and  more  especially  of  that  part 
in  the  charter  of  1009,  which  authorised  them  to  estab- 
lish a  form  of  government,  they  on  the  24th  of  July 
1621,  by  charter  under  their  common  seal,  declared 
that  from  thenceforward  there  should  be  two  supreme 
councils  in  Virginia,  the  one  to  be  called  the  council 
of  state,  to  be  placed  and  displaced  by  the  treasurer, 
council  in  England,  and  company,  from  time  to  time, 
whose  office  was  to  be  that  of  assisting  and  advising 
the  governor  ;  the  other  to  be  called  the  general  assem- 
bly to  be  convened  by  the  governor  once  yearly  or 
oftener,  which  was  to  consist  of  the  council  of  state, 
and  two  burgesses  out  of  every  town,  hundred  or  plant- 
ation, to  be  respectively  chosen  by  the  inhabitants.  In 
this  all  matters  were  to  be  decided  by  the  greater  part 
of  the  votes  present ;  reserving  to  the  governor  a  nega- 
tive voice  ;  and  they  were  to  have  power  to  treat,  con- 
sult, and  conclude  all  emergent  occasions  concerning 
the  public  weal,  and  to  make  laws  for  the  behoof  and 
government  of  the  colony,  imitating  and  following  the 
laws  and  policy  of  England  as  nearly  as  might  be  : 
providing  that  these  laws  should  have  no  force  till  rati- 
fied in  a  general  quarter  court  of  the  company  in  Eng- 
land and  returned  under  their  common  seal,  and  de- 
claring that,  after  the  government  of  the  colony  should 
be  well  framed  and  settled,  no  orders  of  the  council  in 
England  should  bind  the  colony  unless  ratified  in  the 
said  general  assembly.  The  king  and  company  quar- 
relled, and  by  a  mixture  of  law  and  force,  the  latter 
were  ousted  of  all  their  rights,  without  retribution,  af- 
ter having  expended  100,000/.  in  establishing  the  colony, 
without   the   smallest    aid    from    government.      King 


James  suspended  their  powers  by  proclamation  of  July 
15,  1624,  and  Charles  I.  took  the  government  into  his 
own  hands.  Both  sides  had  their  partisans  in  the  colo- 
ny ;  but  in  truth  the  people  of  the  colony  in  general 
thought  themselves  little  concerned  in  the  dispute. 
There  being  three  parties  interested  in  these  several 
charters;  what  passed  between  the  first  and  second  it 
was  thought  could  not  affect  the  third.  If  the  king 
seized  on  the  powers  of  the  company,  they  only  pass- 
ed into  other  hands,  without  increase  or  diminution, 
while  the  rights  of  the  people  remained  as  they  were. 
But  they  did  not  remain  so  long.  The  northern  parts 
of  their  country  were  granted  away  to  the  lords  Balti- 
more and  Fairfax  ;  the  first  of  these  obtaining  also  the 
rights  of  separate  jurisdiction  and  government.  And 
in  1650  the  parliament,  considering  itself  as  standing  in 
the  place  of  their  deposed  king,  and  as  having  succeed- 
ed to  all  his  powers,  without  as  well  as  within  the 
realm,  began  to  assume  a  right  over  the  colonies,  pass- 
ing an  act  for  inhibiting  their  trade  with  foreign  na- 
tions. This  succession  to  the  exercise  of  kingly  autho- 
rity gave  the  first  colour  for  parliamentary  interference 
with  the  colonies,  and  produced  that  fatal  precedent 
which  they  continued  to  follow  after  they  had  retired, 
in  other  respects,  within  their  proper  functions.  When 
this  colony,  therefore,  which  still  maintained  its  oppo- 
sition to  Cromwell  and  the  parliament,  was  induced  in 
1651  to  lay  down  their  arms,  they  previously  secured 
their  most  essential  rights,  by  a  solemn  convention, 
which  having  never  seen  in  print,  I  will  here  insert  lit- 
erally from  the  records. 

"ARTICLES  agreed  on  and  concluded  at  James 
Cittie  in  Virginia  for  the  surrendering  and  settling  of 
that  plantation  under  the  obedience  and  government  of 
the  Comon  wealth  of  England  by  the  Commissioners 
of  the  Councill  of  state  by  authoritie  of  the  parliamt.  of 
England  and  by  the  Grand  assembly  of  the  Governour, 
Councill  and  Burgesses  of  that  countrey. 

"  First  it  is  agreed  and  consted  that  the  plantation 
of  Virginia,  and  all  the  inhabitants  thereof  shall  be  and 


remain  in  due  obedience  and  subjection  to  the  Com- 
on  wealth  of  England  according  to  the  laws  there  es- 
tablished, and  that  this  submission  and  subscription  bee 
acknowledged  a  voluntary  act  not  forced  nor  constrain- 
ed by  a  conquest  upon  the  countrey,  and  that  they  shall 
have  and  enjoy  such  freedoms  and  privileges  as  belong 
to  the  free  borne  people  of  England,  and  that  the  for- 
mer government  by  the  Commissions  and  Instructions 
be  void  and  null. 

"  21y.  Secondly  that  the  Grand  assembly  as  formerly 
shall  convene  and  transact  the  affairs  of  Virginia  where- 
in nothing  is  to  be  acted  or  clone  contrarie  to  the  gov- 
ernment of  the  Comon  wealth  of  England  and  the 
lawes  there  established. 

"  31y.  That  there  shall  be  a  full  and  totall  remission 
and  indempnitie  of  all  acts,  words,  or  writeings  done  or 
spoken  against  the  parliament  of  England  in  relation  to 
the  same. 

"  41y.  That  Virginia  shall  have  and  enjoy  the  antient 
bounds  and  Lymitts  granted  by  the  charters  of  the  for- 
mer kings,  and  that  we  shall  seek  a  new  charter  from 
the  parliament  to  that  purpose  against  any  that  have  in- 
trencht  upon  the  rights  thereof. 

"  51y.  That  all  the  patterns  of  land  granted  under  the 
colony  seal  by  any  of  the  precedent  governours  shall  be 
and  remaine  in  their  full  force  and   strength. 

"  61y.  That  the  privi ledge  of  having  ffiftie  acres  of 
land  for  every  person  transported  in  that  collonie  shall 
continue  as  formerly  granted. 

"  71y.  That  the  people  of  Virginia  have  free  trade  as 
the  people  of  England  do  enjoy  to  all  places  and  with 
all  nations  according  to  the  lawes  of  that  Comon 
wealth,  and  that  Virginia  shall  enjoy  all  priviledges 
equall  with  any  English  plantations  in  America. 

"  8ly.  That  Virginia  shall  be  free  from  all  taxes,  cus- 
toms and  impositions  whatsoever,  and  none  to  be  im- 
posed on  them  without  consent  of  the  Grand  assembly  ; 
And  soe  that  neither  ffortes  nor  castles  bee  erected  or 
garrisons  maintained  without  their  consent. 

"  Dly.  That  noe  charge  shall  be  required  from  this 
countrey  in  respect  of  this  present  fflect. 


"  lOly.  That  for  the  future  settlement  of  the  coun- 
trey  in  their  due  obedience,  the  Engagement  shall  be 
tendred  to  all  the  inhabitants  according  to  act  of  par- 
liament made  to  that  purpose,  that  all  persons  who 
shall  refuse  to  subscribe  the  said  engagement,  shall  have 
a  yeare's  time  if  they  please  to  remove  themselves 
and  their  estates  out  of  Virginia,  and  in  the  mean  time 
during  the  said  yeare  to  have  equall  justice  as  for- 

"  Illy.  That  the  use  of  the  booke  of  common  prayer 
shall  be  permitted  for  one  yeare  ensueinge  with  refer- 
rence  to  the  consent  of  the  major  part  of  the  parishes, 
provided  that  those  which  relate  to  kingshipp  or  that 
government  be  not  used  publiquely,  and  the  continu- 
ance of  ministers  in  their  places,  they  not  misdemean- 
ing  themselves,  and  the  payment  of  their  accustomed 
dues  and  agreements  made  with  them  respectively  shall 
be  left  as  they  now  stand  dureing  this  ensueing  yeare. 

"  121y.  That  no  man's  cattell  shall  be  questioned  as 
the  companies  unless  such  as  have  been  entrusted 
with  them  or  have  disposed  of  them  without  order. 

"  131y.  That  all  ammunition,  powder  and  armes,  oth- 
er than  for  private  use,  shall  be  delivered  up,  securitie 
being  given  to  make  satisfaction  for  it. 

"  141}''.  That  all  goods  allreadie  brought  hither  by  the 
Dutch  or  others  which  are  now  on  shoar  shall  be  free 
from  surprizall. 

"  151y.  That  the  quittrents  granted  unto  us  by  the 
late  kinge  for  seaven  years  bee  confirmed. 

"  161y.  That  the  commissioners  for  the  parliament 
subscribeing  these  articles  engage  themselves  and  the 
honour  of  parliament  for  the  full  performance  thereof: 
and  that  the  present  governour  and  the  councill  and 
the  burgesses  do  likewise  subscribe  and  engage  the 
whole  colony  on  their  parts. 

Rich.     Bennett. Seale. 

Wm.  Claiborne. Seale. 

Edmond   Curtis. Seale. 

"  Theise  articles  were  signed  and  sealed  by  the  Com- 
missioners of  the  Councill  of  state  for  the  Common- 
wealth of  England  the  twelveth  day  of  March  1651." 


Then  follow  the  articles  stipulated  by  the  governor 
and  council,  which  relate  merely  to  their  own  persons 
and  property,  and  then  the  ensuing  instrument: 

"  An  act  of  indempnitie  made  att  the  surrender  of 
the  countrey. 

"  Whereas  by  the  authoritie  of  the  parliament  wee 
the  commissioners  appointed  by  the  council  of  state 
authorized  thereto  having  brought  a  ffleete  &  force  be- 
fore James  cittie  in  Virginia  to  reduce  that  collonie 
under  the  obedience   of  the   common  wealth  of  Eng- 
land, &  finding  force  raised  by  the  Governour  &  coun- 
trey to  make  opposition  against  the  said  ffleet  whereby 
assured  danger  appearinge  of  the  mine  &  destruction 
of  the  plantation,  for  prevention  whereof  the   Burges- 
ses of  all  the   severall  plantations   being  called  to  ad- 
vise and  assist  therein,  uppon  long  &  serious  debate, 
and  in  sad  contemplation  of  the  great  miseries  &  cer- 
tain destruction  which  were  soe  neerely  hovering  over 
the  whole  countrey  ;  Wee  the  said  Commissioners  have 
thought   fitt   &  condescending  &  granted   to  signe  & 
confirme  under  our  hands,  seales  &  by  our  oath,  Arti- 
cles bearinge  date  with  theise  presents,  and  do  further 
declare  that  by  the  authoritie  of  the  parliament  &  com- 
monwealth of  England  derived  unto   us  their  commis- 
sioners, that  according  to  the  articles  in  general  wee 
have  granted    an   act  of  indempnitie  &.  oblivion  to  all 
the  inhabitants  of  this  coloney  from  all  words,  actions, 
or  writings  that  have  been  spoken  acted  or  writt  against 
the  parliament  or  commonwealth  of  England  or  any 
other  person  from  the  beginning  of  the  world  to  this 
daye.     And  this  we  have  done  that  all  the  inhabitants 
of  the  collonie   may  live   quietly  and  securely  under 
the  commonwealth  of  England.      And  we  do  promise 
that  the  parliament  and  commonwealth  of  England 
shall  confirm  &  make  good  all  those  transactions  of 
ours.     Wittness  our  hands  &  seales  this  12th  of  March 
1651.        Richard    Bennett — Seale.        Wm.    Claiborne — 
Seale.      Edm.  Curtis. — Seale." 

The  colony  supposed,  that,  by  this  solemn  conven- 
tion, entered  into  with  arms  in  their  hands,  they  had 


secured  the  ancient  limits*  of  their  country,  its  free 
trade,f  its  exemption  from  taxation}  but  by  their  own 
assembly,  and  exclusion  of  military  force§  from  among 
them.  Yet  in  every  of  these  points  was  this  conven- 
tion violated  by  subsequent  kings  and  parliaments,  and 
other  infractions  of  their  constitution,  equally  danger- 
ous committed.  Their  general  assembly,  which  was 
composed  of  the  council  of  state  and  burgesses,  sitting 
together  and  deciding  by  plurality  of  voices,  was  split 
into  two  houses,  by  which  the  council  obtained  a  sepa- 
rate negative  on  their  laws. — Appeals  from  their  su- 
preme court,  which  had  been  fixed  by  law  in  their 
general  assembly,  were  arbitrarily  revoked  to  England, 
to  be  there  heard  before  the  king  and  council.  In- 
stead of  four  hundred  miles  on  the  sea  coast,  they  were 
reduced,  in  the  space  of  thirty  years,  to  about  one  hun- 
dred miles.  Their  trade  with  foreigners  was  totally 
suppressed,  and  when  carried  to  Great  Britain,  was 
there  loaded  with  imposts.  It  is  unnecessary,  however, 
to  glean  up  the  several  instances  of  injury,  as  scatter- 
ed through  American  and  British  history,  and  the  more 
especially  as,  by  passing  on  to  the  accession  of  the  pre- 
sent king,  we  shall  find  specimens  of  them  all,  aggra- 
vated, multiplied  and  crowded  within  a  small  compass 
of  time,  so  as  to  evince  a  fixed  design  of  considering 
our  rights  natural,  conventional  and  chartered  as  mere 
nullities.  The  following  is  an  epitome  of  the  first  fif- 
teen years  of  his  reign.  The  colonies  were  taxed  in- 
ternally and  externally;  their  essential  interests  sacri- 
ficed to  individuals  in  Great  Britain  ;  their  legislatures 
suspended  ;  charters  annulled  ;  trials  by  juries  taken 
away ;  their  persons  subjected  to  transportation  across 
the  Atlantic,  and  to  trial  before  foreign  judicatories ; 
their  supplications  for  redress  thought  beneath  answer  ; 
themselves  published  as  cowards  in  the  councils  of  their 
mother  country  and  courts  of  Europe  ;  armed  troops 
sent  amongst  them  to  enforce  submission  to  these  vio- 
lences ;  and  actual  hostilities  commenced  against  them. 

*  Art.  4.  t  Art.  7.  J  Art.  8.  i  Art.  8. 


No  alternative  was  presented  but  resistance,  or  uncon- 
ditional submission.  Between  these  could  be  no  hesi- 
tation. They  closed  in  the  appeal  to  arms.  They  de- 
clared themselves  independent  states.  They  confede- 
rated together  into  one  great  republic ;  thus  securing 
to  every  state  the  benefit  of  an  union  of  their  whole 
force.  In  each  state  separately  a  new  form  of  govern- 
ment was  established.  Of  ours  particularly  the  follow- 
ing are  the  outlines.  The  executive  powers  are  lodg- 
ed in  the  hands  of  a  governor,  chosen  annually,  and 
incapable  of  acting  more  than  three  years  in  seven. 
He  is  assisted  by  a  council  of  eight  members.  The 
judiciary  powers  are  divided  among  several  courts,  as 
will  be  hereafter  explained. — Legislation  is  exercised 
by  two  houses  of  assembly,  the  one  called  the  house  of 
Delegates,  composed  of  two  members  from  each  coun- 
ty, chosen  annually  by  the  citizens  possessing  an  es- 
tate for  life  in  100  acres  of  uninhabited  land,  or  25  acres 
with  a  house  on  it,  or  in  a  house  or  lot  in  some  town  : 
the  other  called  the  Senate,  consisting  of  24  members, 
chosen  quadrenially  by  the  same  electors,  who  for  this 
purpose  are  distributed  into  24  districts.  The  concur- 
rence of  both  houses  is  necessary  to  the  passage  of  a 
law.  They  have  the  appointment  of  the  governor  and 
council,  the  judges  of  the  superior  courts,  auditors,  at- 
torney general,  treasurer,  register  of  the  land  office, 
and  delegates  to  congress.  As  the  dismemberment  of 
the  state  had  never  had  its  confirmation,  but,  on  the 
contrary,  had  always  been  the  subject  of  protestation 
and  complaint,  that  it  might  never  be  in  our  own  power 
to  raise  scruples  on  that  subject,  or  to  disturb  the  har- 
mony of  our  new  confederacy,  the  grants  to  Maryland, 
Pennsylvania,  and  the  two  Carolinas,  were  ratified. 

This  constitution  was  formed  when  we  were  new 
and  unexperienced,  in  the  science  of  government.  It 
was  the  first  too  which  was  formed  in  the  whole  Unit- 
ed States.  No  wonder  then  that  time  and  trial  have 
discovered  very  capital  defects  in  it. 

1.  The  majority  of  the  men  in  the  state,  who  pay  and 
fi«»ht  for  its  support,  are  unrepresented  in  the  legisla- 



lure,  the  roll  of  freeholders  entitled  to  vote  not  includ- 
ing generally  the  half  of  those  on  the  roll  of  the  mili- 
tia, or  of  the  tax-gatherers. 

2.  Among  those  who  share  the  representation,  the 
shares  are  very  unequal.  Thus  the  county  of  War- 
wick with  only  100  fighting  men,  has  an  equal  repre- 
sentation with  the  county  of  Loudon  which  has  1746. 
So  that  every  man  in  Warwick  has  as  much  influence 
in  the  government  as  17  men  in  Loudon.  But  lest  it 
should  be  thought  that  an  equal  interspersion  of  small 
among  large  counties,  though  the  whole  state,  may  pre- 
vent any  danger  of  injury  to  particular  parts  of  it,  we 
will  divide  it  into  districts,  and  show  the  proportions 
of  land,  of  fighting  men,  and  of  representation  in  each  : 

Between  the  sea-coast  and  fills 
of  the  rivers 

Between  the  falls  of  the  rivers 
and  the  Blue  ridge  of  moun- 

Between  the  Blue  ridge  and  the 

Between     the    Alleghaney    and 

Ohio 1+70,650 


=  11,205 
















Total 1121,5251     49,971 

*  Of  these,  542  are   on  the  Eastern  shore, 
t  Of  these,  22,616  are  eastward  of  the   meridian  at  the  north 
of  the  Great  Kanhaway. 

An  inspection  of  this  table  will  supply  the  place  of 
commentaries  on  it.  It  will  appear  at  once  that  19,000 
men,  living  below  the  falls  of  the  rivers,  possess  half  the 
senate,  and  want  four  members  only  of  possessing  a 
majority  of  the  house  of  delegates;  a  want  more  than 
supplied  by  the  vicinity  of  their  situation  to  the  seat  of 
government,  and  of  course  the  greater  degree  of  con- 
venience and  punctuality  with  which  their  members 
may  and  will  attend  in  the  legislature.  These  19,000 
therefore,  living  in  one  part  of  the  country,  give  law  to 


upwards  of  30,000  living  in  another,  and  appoint  all 
their  chief  officers  executive  and  judiciary.  From  the 
difference  of  their  situation  and  circumstances,  their 
interests  will  often  be  very  different. 

3.  The  senate  is,  by  its  constitution,  too  homogene- 
ous with  the  house  of  delegates.  Being  chosen  by  the 
same  electors,  at  the  same  time,  and  out  of  the  same 
subjects,  the  choice  falls  of  course  on  men  of  the  same 
description.  The  purpose  of  establishing  different 
houses  of  legislation  is  to  introduce  the  influence  of 
different  interests  or  different  principles.  Thus  in 
Great  Britain  it  is  said  their  constitution  relies  on  the 
house  of  commons  for  honesty,  and  the  lords  for  wis- 
dom ;  which  would  be  a  rational  reliance  if  honesty 
were  to  be  bought  with  money,  and  if  wisdom  were 
hereditary.  In  some  of  the  American  states  the  dele- 
gaters  and  senators  are  so  chosen,  as  that  the  first  re- 
present the  persons,  and  the  second  the  property  of  the 
state.  But  with  us,  wealth  and  wisdom  have  equal 
chance  for  admission  into  both  houses.  We  do  not 
therefore  derive  from  the  separation  of  our  legislature 
into  two  houses,  those  benefits  which  a  proper  compli- 
cation of  principles  is  capable  of  producing,  and  those 
which  alone  can  compensate  the  evils  which  may  be 
produced  by  their  dissensions. 

4.  All  the  powers  of  government,  legislative,  execu- 
tive, and  judiciary,  result  to  thelegislative  body.  The 
concentrating  these  in  the  same  hands  is  precisely  the 
definition  of  despotic  government.  It  will  be  no  alle- 
viation that  these  powers  will  be  exercised  by  a  plu- 
rality of  hands,  and  not  by  a  single  one.  173  despots 
would  surely  be  as  oppressive  as  one.  Let  those  who 
doubt  it  turn  their  eyes  on  the  republic  of  Venice.  As 
little  will  it  avail  us  that  they  are  chosen  by  ourselves. 
An  elective  despotism  was  not  the  government  we  fought 
for;  but  one  which  should  not  only  be  founded  on  free 
principles,  but  in  which  the  powers  of  government 
should  be  so  divided  and  balanced  among  several  bodies 
of  magistracy,  as  that  no  one  could  transcend  their  le- 
gal limits,  without  being  effectually  checked  and  re- 


strained  by  the  others.  For  this  reason  that  conven- 
tion, which  passed  the  ordinance  of  government,  laid 
its  foundation  on  this  basis,  that  the  legislative,  execu- 
tive and  judiciary  departments  should  be  separate  and 
distinct,  so  that  no  person  should  exercise  the  powers 
of  more  than  one  of  them  at  the  same  time.  But  no 
barrier  was  provided  between  these  several  powers. 
The  judiciary  and  executive  members  were  left  depen- 
dant on  the  legislative,  for  their  subsistence  in  office, 
and  some  of  them  for  their  continuance  in  it.  If  there- 
fore the  legislature  assumes  executive  and  judiciary 
powers,  no  opposition  is  likely  to  be  made  ;  nor,  if  made, 
can  it  be  effectual  :  because  in  that  case  they  may  put 
their  proceedings  into  the  form  of  an  act  of  assembly, 
which  will  render  them  obligatory  on  the  other  branch- 
es. They  have  accordingly,  in  many  instances,  deci- 
ded rights  which  should  have  been  left  to  judiciary 
controversy  ;  and  the  direction  of  the  executive,  dur- 
ing the  whole  time  of  their  session,  is  becoming  habitu- 
al and  familiar.  And  this  is  done  with  no  ill  intention. 
The  views  of  the  present  members  are  perfectly  up- 
right. When  they  are  led  out  of  their  regular  pro- 
vince, it  is  by  art  in  others,  and  inadvertence  in  them- 
selves. And  this  will  probably  be  the  case  for  some 
time  to  come.  But  it  will  not  be  a  very  long  time. 
Mankind  soon  learn  to  make  interested  uses  of  every 
right  and  power  which  they  possess,  or  may  assume. 
The  public  money  and  public  liberty,  intended  to  have 
been  deposited  with  three  branches  of  magistracy,  but 
found  inadvertently  to  be  in  the  hands  of  one  only,  will 
soon  be  discovered  to  be  sources  of  wealth  and  domin- 
ion to  those  who  hold  them  ;  distinguished  too  by  this 
tempting  circumstance,  that  they  are  the  instrument,  as 
well  as  the  object  of  acquisition.  With  money  we  will 
get  men,  said  Caesar,  and  with  men  we  will  get  money. 
Nor  should  our  assembly  be  deluded  by  the  integrity 
of  their  own  purposes,  and  conclude  that  these  un- 
limited powers  will  never  be  abused,  because  them- 
selves are  not  disposed  to  abuse  them.  They  should 
look  forward  to  a  time,  and  that  not  a  distant  one?  when. 


a  corruption  in  this,  as  in  the  country  from  which  we 
derive  our  origin,  will  have  seized  the  heads  of  govern- 
ment, and  be  spread  by  them  through  the  body  of  the 
people  ;  when  they  will  purchase  the  voices  of  the  peo- 
ple, and  make  them  pay  the  price.  Human  7iature  is 
the  same  on  every  side  of  the  Atlantic,  and  will  be  alike 
influenced  by  the  same  causes.  The  time  to  guard 
against  corruption  and  tyranny,  is  before  they  shall 
have  gotten  hold  on  us.  It  is  better  to  keep  the  wolf 
out  of  the  fold,  than  to  trust  to  drawing  his  teeth  and 
talons  after  he  shall  have  entered.  To  render  these 
considerations  the  more  cogent,  we  must  observe  in 
addition  : 

5.  That  the  ordinary  legislature  may  alter  the  consti- 
tution itself.     On  the  discontinuance  of  assemblies,  it 
became  necessary  to  substitute  in  their  place  some  other 
body,  competent  to  the  ordinary  business  of  government, 
and  to  the  calling  forth  the  powers  of  the  state  for  the 
maintenance  of  our  opposition  to  Great  Britain.     Con- 
ventions were  therefore  introduced,  consisting  of  two 
delegates  from  each  county,  meeting  together  and  form- 
ing one  house,  on  the  plan  of  the  former  house  of  bur- 
gesses, to  whose  places  they  succeeded.     These  were  at 
first  chosen  anew  for  every  particular  session.     But  in 
March  1775,  they  recommended  to  the  people  to  choose 
a  convention,  which  should   continue  in  office  a  year. 
This  was  done  accordingly  in  April  1775,  and  in  the  July 
following  that  convention  passed  an  ordinance  for  the 
election  of  delegates  in  the  month  of  April  annually. 
It  is  well  known,  that  in  July  1775,  a  separation  from 
Great  Britain  and  establishment  of  republican  govern- 
ment had  never  yet  entered  into  any  person's  mind.    A 
convention  therefore,  chosen  under  that  ordinance,  can- 
not be  said  to  have  been  chosen  for  the  purposes  which 
certainly  did  not  exist  in  the  minds  of  those  who  passed 
it.     Under  this  ordinance,  at  the  annual  election  in  April 
177G,  a  convention  for  the  year  was  chosen.     Indepen- 
dence, and  the  establishment  of  a  new  form  of  govern- 
ment, were  not  even   yet  the  objects  of  the  people  at 
large.     One  extract  from  the  pamphlet  called  Common 



Sense  had  appeared  in  the  Virginia  papers  in  February, 
and  copies  of  the  pamphlet  itself  had  got  in  a  few  hands. 
But  the  idea  had  not  been  opened  to  the  mass  of  the 
people  in  April,  much  less  can  it  be  said  that  they  had 
made  up  their  minds  in  its  favour. — So  that  the  electors 
of  April  1776,  no  more  than  the  legislators  of  July  1775, 
not  thinking  of  independence  and  a  permanent  republic, 
could  not  mean  to  vest  in  these  delegates  powers  of 
establishing  them,  or  any  authorities  other  than  those 
of  the  ordinary  legislature.  So  far  as  a  temporary  or- 
ganization of  government  was  necessary  to  render  our 
opposition  energetic,  so  far  their  organization  was  valid. 
But  they  received  in  their  creation  no  powers  but  what 
were  given  to  every  legislature  before  and  since. — They 
could  not  therefore  pass  an  act  transcendent  to  the  pow- 
ers of  other  legislatures.  If  the  present  assembly  pass 
an  act,  and  declare  it  shall  be  irrevocable  by  subsequent 
assemblies,  the  declaration  is  merely  void,  and  the  act 
repealable,  as  other  acts  are.  So  far,  and  no  farther 
authorised,  they  organized  the  government  by  the  ordi- 
nance entitled  a  constitution  or  form  of  government. 
It  pretends  to  no  higher  authority  than  the  other  ordi- 
nances of  the  same  session  ;  it  does  not  say,  that  it  shall 
be  perpetual;  that  it  shall  be  unalterable  by  other  legis- 
latures; that  it  shall  be  transcendent  above  the  powers 
of  those,  who  they  knew  would  have  equal  power  with 
themselves.  Not  only  the  silence  of  the  instrument  is 
a  proof  they  thought  it  would  be  alterable,  but  their 
own  practice  also  :  for  this  very  convention,  meeting 
as  a  house  of  delegates  in  general  assembly  with  the 
senate  in  the  autumn  of  that  year,  passed  acts  of  assem- 
bly in  contradiction  to  their  ordinance  of  government: 
and  every  assembly  from  that  time  to  this  has  done  the 
same.  I  am  safe  therefore  in  the  position,  that  the  con- 
stitution itself  is  alterable  by  the  ordinary  legislature. 
Though  this  opinion  seems  founded  on  the  first  ele- 
ments of  common  sense,  yet  is  the  contrary  maintained 
by  some  persons.  1.  Because  say  they,  the  conven- 
tions were  vested  with  every  power  necessary  to  make 
effectual  opposition  to  Great  Britain.     But  to  complete 


this  argument,  they  must  go  on,  and  say  further,  that 
effectual  opposition  could  not  be  made  to  Great  Britain, 
without  establishing  a  form  of  government  perpetual 
and  unalterable  by  the  legislature  ;  which  is  not  true. 
An  opposition  which  at  some  time  or  other  was  to  come 
to  an  end,  could  not  need  a  perpetual  institution  to  car- 
ry it  on  :  and  a  government,  amendable  as  its  defects 
should  be  discovered,  was  as  likely  to  make  effectual 
resistance,  as  one  which  should  be  unalterably  wrong. 
Besides,  the  assemblies  were  as  much  vested  with  all 
powers  requisite  for  resistance  as  the  conventions  were. 
If  therefore  these  powers  included  that  of  modelling  the 
form  of  government  in  the  one  case,  they  did  so  in  the 
other.  The  assemblies  then  as  well  as  the  conventions 
may  model  the  government;  that  is,  they  may  alter  the 
ordinance  of  government.  2.  They  urge,  that  if  the 
convention  had  meant  that  this  instrument  should  be 
alterable,  as  their  other  ordinances  were,  they  would 
have  called  it  an  ordinance  :  but  they  have  called  it  a 
constitution,  which  ex  vi  termini  means  '  an  act  above 
the  power  of  the  ordinary  legislature.'  I  answer  that 
constitution  consiitutium,  statutum,  lex,  are  convertible 
terms.  '  Constitutio  dicitur  jus  quod  a  principe  condi- 
ture.' — Constitutuni,  quod  ab  iinperatoribus  rescriptum 
statutumve  est.  '  Statutum,  idem  quod  lex.'  Calvini  Lex- 
icon juridicum.  Constitution  and  statute  were  original- 
ly terms  of  the*  civil  law,  and  from  thence  introduced 
by  ecclesiastics  into  the  English  law. — Thus  in  the 
statute  25  Hen.  VIII.  c.  19.  §  1.  '  Constitutions  and  or- 
dinances1 are  used  as  synonymous.  The  term  constitu- 
tion has  many  other  significations  in  physics  and  in 
politics;  but  in  jurisprudence,  whenever  it  is  applied  to 
any  act  of  the  legislature,  it  invariably  means  a  statute, 
law,  or  ordinance,  which  is  the  present  case.  No  in- 
ference then  of  a  different  meaning  can  be  drawn  from 
the  adoption   of  this  title  ;  on  the  contrary,  we  might 

*  To  bid,  to  set,  was  the  ancient   legislative   words  of  the 

English.  LL.  Hlotharri  aud  Ediici.  LI.  Inre.  LI.  Eadwerdi. 
— El.  Aathelstani. 


conclude,  that,  by  their  affixing  to  it  a  term  synonymous 
with  ordinance  or  statute.     But  of  what  consequence  is 
their  meaning,  where  their  power  is  denied  ?     If  they 
meant  to  do  more  than  they  had  power  to  do,  did  this 
give  them  power  ?    It  is  not  the  name,  but  the  authority 
that  renders  an  act  obligatory.     Lord  Coke  says,  '  an 
article   of  the  statute  II  R.  II.  c.  5.    that  no  person 
should  attempt  to  revoke  any  ordinance  then  made,  is 
repealed,  for  that  such  restraint  is  against  the  jurisdic- 
tion and  power  of  the  parliament,'  4  Inst.  42,  and  again, 
1  though  divers  parliaments  have  attempted  to  restrain 
subsequent  parliaments,  yet  could  they  never  effect  it; 
for  the  latter  parliament  hath  ever  power  to  abrogate, 
suspend,  qualify,  explain,  or  make  void  the  former  in 
the  whole  or  in  any  part  thereof,  notwithstanding  any 
words  of  restraint,  prohibition,  or  penalty,  in  the  for- 
mer: for  it  is  a  maxim  in  the  laws  of  the  parliament, 
quod   leges    posteriores   priores    contrarias    abrogant.' 
4  Inst.  43. — To  get  rid  of  the  magic  supposed  to  be  in 
the  word  constitution,  let  us  translate  it  into  its  defini- 
tion as  given  by  those  who  think  it  above  the  power  of 
the  law;  and  let  us  suppose  the  convention,  instead  of 
saying,  '  We  the  ordinary  legislature  establish  a  consti- 
tution,'' had  said,  '  We  the  ordinary  legislature,  establish 
an  act  above  the  power  of  the  ordinary  legislature.'' — Does 
not  this  expose  the  absurdity  of  the  attempt  ?     3.  But, 
say  they,  the  people  have  acquiesced,  and  this  has  given 
it  an  authority  superior  to  the  laws. — It  is  true,  that  the 
people  did  not  rebel  against  it :  and  was  that  a  time  for 
the  people  to  rise  in  rebellion  ?  Should  a  prudent  ac- 
quiescence, at  a  critical  time,  be  construed  into  a  con- 
firmation of  every  illegal  thing  done  during  that  period  ? 
Besides,  why  should  they  rebel?  At  an  annual  election, 
they  had  chosen  delegates  for  the  year,  to  exercise  the 
ordinary  powers  of  legislation,  and  to  manage  the  great 
contest  in  which  they  were  engaged.     These  delegates 
thought  the  contest  would  be  best  managed  by  an  or- 
ganized government.     They  therefore,  among  others, 
passed  an  ordinance  of  government.     They  did  not  pre- 
sume to  call  it  perpetual  and  unalterable.     They  well 


knew  they  had  no  power  to  make  it  so  ;  that  our  choice 
of  them  had  been  for  no  such  purpose,  and  at  a  time 
when  we  could  have  no  such  purpose  in  contemplation. 
Had  an  unalterable  form  of  government  been  meditat- 
ed, perhaps  we  should  have  chosen  a  different  set  of 
people.  There  was  no  cause  then  for  the  people  to  rise 
in  rebellion.  Hut  to  what  dangerous  lengths  will  this 
argument  lead  ?  Did  the  acquiescence  of  the  colonies 
under  the  various  acts  of  power  exercised  by  Great 
Britain  in  our  infant  state,  confirm  these  acts,  and  so 
far  invest  them  with  the  authority  of  the  people  as  to 
render  them  unalterable,  and  our  present  resistance 
wrong  ?  On  every  unauthoritative  exercise  of  power 
by  the  legislature,  must  the  people  rise  in  rebellion,  or 
their  silence  be  construed  into  a  surrender  of  that  power 
to  them  ?  If  so,  how  many  rebellions  should  we  have 
had  already  ?  One  certainly  for  every  session  of  assem- 
bly. The  other  states  in  the  union  have  been  of  opin- 
ion, that  to  render  a  form  of*government  unalterable  by 
ordinary  acts  of  assembly,  the  people  must  delegate  per- 
sons with  special  powers.  They  have  accordingly 
chosen  special  conventions  to  form  and  fix  their  govern- 
ments. The  individuals  then  who  maintain  the  contra- 
ry opinion  in  this  country,  should  have  the  modesty  to 
suppose  it  possible  that  they  may  be  wrong,  and  the 
rest  of  America  right.  But  if  there  be  only  a  possibility 
of  their  being  wrong,  if  only  a  plausible  doubt  remains 
of  the  validity  of  the  ordinance  of  government,  is  it  not 
better  to  remove  that  doubt,  by  placing  it  on  a  bottom 
which  none  will  dispute  ?  If  they  be  right  we  shall  only 
have  the  unnecessary  trouble  of  meeting  once  in  con- 
vention. If  they  be  wrong,  they  expose  us  to  the  hazard 
of  having  no  fundnrnental  rights  at  all.  True  it  is,  this 
is  no  time  for  deliberating  on  forms  of  government. 
While  an  enemy  is  within  our  bowels,  the  first  object  is 
to  expel  him.  But  when  this  shall  be  done,  when  peace 
shall  be  established,  and  leisure  given  us  for  entrench- 
ing within  good  forms,  the  rights  for  which  we  have 
bled,  let  no  man  be  found  indolent  enough  to  decline  a 
little  more  trouble  for  placing  them  beyond  the  reach  of 


question.  If  any  thing  more  be  requisite  to  produce  a 
conviction  of  the  expediency  of  calling  a  convention  at 
a  proper  season  to  fix  our  form  of  government,  let  it  be 
the  reflection  : 

6.  That  the  assembly  exercises  a  power  of  determin- 
ing the  quorum  of  their  own  body  which  may  legislate 
for  us.  After  the  establishment  of  the  new  form  they 
adhered  to  the  Lex  majoris  partis,  founded  in*  common 
law  as  well  as  common  right.  It  is  thef  natural  law 
of  every  assembly  of  men,  whose  numbers  are  not  fixed 
by  any  other  law.  They  continued  for  some  time  to  re- 
quire the  presence  of  a  majority  of  their  whole  number, 
to  pass  an  act.  But.  the  British  parliament  fixes  its  own 
quorum  :  our  former  assemblies  fixed  their  own  quorum : 
and  one  precedent  in  favour  of  power  is  stronger  than 
an  hundred  against  it.  The  house  of  delegates  there- 
fore have}  lately  voted  that,  during  the  present  dan- 
gerous invasion,  forty  members  shall  be  a  house  to  pro- 
ceed to  business.  They  have  been  moved  to  this  by  the 
fear  of  not  being  able  to  collect  a  house.  But  this  dan- 
ger could  not  authorise  them  to  call  that  a  house  which 
was  none  :  and  if  they  may  fix  it  at  one  number,  they 
may  at  another,  till  it  loses  its  fundamental  character  of 
being  a  representative  body.  As  this  vote  expires  with 
the  present  invasion,  it  is  probable  the  former  rule  will 
be  permitted  to  revive :  because  at  present  no  ill  is 
meant.  The  power  however  of  fixing  their  own  quorum 
iias  been  avowed,  and  a  precedent  set.  From  forty  it 
may  be  reduced  to  four,  and  from  four  to  one  :  from  a 
house  to  a  committee,  from  a  committee  to  a  chairman 
jor  speaker,  and  thus  an  oligarchy  or  monarchy  be  sub- 
stituted under  forms  supposed  to  be  regular.  '  Omnia 
mala  exempla  ex  bonis  orta  sunt :  sed  ubi  imperium  ad 
ignaros  aut  minus  bonus  pervenit,  novum  illud  exem- 
plum  ab  dignis  et  idoneis  ad  indignos  et  non  idoneos 
fertur.'     When  therefore  it  is  considered,  that  there  is 

*  Bro.  abr.  Corporations,  31.  34.  Hakewell,  93. 
t  Huff.  Off.  horn.  1.  2.  c.  6.  }.  12. 
f  June  4,  1781, 


no  legal  obstacle  to  the  assumption  by  the  assembly  of 
all  the  powers  legislative,  executive,  and  judiciary,  and 
that  these  may  come  to  the  hands  of  the  smallest  rag 
of  delegation,  surely  the  people  will  say,  and  their  repre- 
sentatives, while  yet  they  have  honest  representatives, 
will  advise  them  to  say,  that  they  will  not  acknowledge 
as  laws  any  acts  not  considered  and  assented  to  by  the 
major  part  of  their  delegates. 

In  enumerating  the  defects  of  the  constitution,  it 
would  be  wrong  to  count  among  them  what  is  only  the 
error  of  particular  persons.  In  December  1776,  our 
circumstances  being  much  distressed,  it  was  proposed 
in  the  house  of  delegates  to  create  a  dictator,  invested 
with  every  power  legislative,  executive  and  judiciary, 
civil  and  military,  of  life  and  of  death,  over  our  persons 
and  over  our  properties  :  and  in  June  1781,  again  under 
calamity,  the  same  proposition  was  repeated,  and  want- 
ed a  few  votes  only  of  being  passed.  One  who  entered 
into  this  contest  from  a  pure  love  of  liberty,  and  a  sense 
of  injured  rights,  who  determined  to  make  every  sacri- 
fice, and  to  meet  every  danger,  for  the  reestablish ment 
of  those  rights  on  a  firm  basis,  who  did  not  mean  to  ex- 
pend his  blood  and  substance  for  the  wretched  purpose 
of  changing  this  master  for  that,  but  to  place  the  powers 
of  governing  him  in  a  plurality  of  hands  of  his  own 
choice,  so  that  the  corrupt  will  of  no  one  man  might  in 
future  oppress  him,  must  stand  confounded  and  dismay- 
ed when  lie  is  told,  that  a  considerable  portion  of  that 
plurality  had  meditated  the  surrender  of  them  into  a 
single  hand,  and,  in  lieu  of  a  limited  monarchy,  to  de- 
liver him  over  to  a  despotic  one  !  How  must  we  find 
bis  efforts  and  sacrifices  abused  and  baffled,  if  he  may 
still  by  a  Bingle  vote  be  laid  prostrate  at  the  feet  of  one 
man  !  In  God's  name  from  whence  have  they  derived 
this  power?  Is  it  from  our  ancient  laws?  None  such 
can  be  produced.  Is  it  from  any  principle  in  our  new 
constitution  expressed  or  implied  ?  Every  lineament  of 
that  expressed  or  implied,  is  in  full  opposition  to  it.  Its 
fundamental  principle  is,  that  the  state  shall  be  govern- 
ed as  a  commonwealth.     It  provides  a  republican  or- 


ganization,  proscribes  under  the  name  of  prerogative 
the  exercise  of  all  powers  undefined  by  the  laws  ;  places 
on  this  basis  the  whole  system  of  our  laws  ;  and  by  con- 
solidating them  together,  chooses  that  they  should  be 
left  to  stand  or  fall  together,  never  providing  for  any 
circumstances,  nor  admitting  that  such  could  arise, 
wherein  either  should  be  suspended,  no,  not  for  a  mo- 
ment. Our  ancient  laws  expressly  declare,  that  those 
who  are  but  delegates  themselves  shall  not  delegate  to 
others  powers  which  require  judgment  and  integrity  in 
their  exercise.  Or  was  this  proposition  moved  on  a 
supposed  right  in  the  movers  of  abandoning  their  posts 
in  a  moment  of  distress  ?  The  same  laws  forbid  the 
abandonment  of  that  post,  even  on  ordinary  occasions  ; 
and  much  more  a  transfer  of  their  powers  into  other 
hands  and  other  forms,  without  consulting  the  people. 
They  never  admit  the  idea  that  these,  like  sheep  or  cat- 
tle, may  be  given  from  hand  to  hand  without  an  appeal 
to  their  own  will. — Was  it  from  the  necessity  of  the 
case  ?  Necessities  which  dissolve  a  government,  do  not 
convey  its  authority  to  an  oligarchy  or  a  monarchy. 
They  throw  back,  into  the  hands  of  the  people,  the 
powers  they  had  delegated,  and  leave  them  as  indi- 
viduals to  shift  for  themselves.  A  leader  may  offer,  but 
not  impose  himself,  nor  be  imposed  on  them.  Much 
less  can  their  necks  be  submitted  to  his  sword,  their 
breath  to  be  held  at  his  will  or  caprice.  The  necessity 
which  should  operate  these  tremendous  effects  should 
at  least  be  palpable  and  irresistible.  Yet  in  both  in- 
stances, where  it  was  feared,  or  pretended  with  us,  it 
was  belied  by  the  event.  It  was  belied  too  by  the  pre- 
ceding experience  of  our  sister  states,  several  of  whom 
had  grappled  through  greater  difficulties  without  aban- 
doning their  forms  of  government.  When  the  proposi- 
tion was  first  made,  Massachusetts  had  found  even  the 
government  of  committees  sufficient  to  carry  them 
through  an  invasion.  But  we  at  the  time  of  that  propo- 
sition were  under  no  invasion.  When  the  second  was 
made,  there  had  been  added  to  this  example  those  of 
Rhode-Island,  New- York,  New-Jersey,  and  Pennsylva- 


nia,  in  all  of  which  the  republican  form  had  been  found 
equal  to  the  task  of  carrying  them  through  the  severest 
trials.  In  this  state  alone  did  there  exist  so  little  virtue, 
that  fear  was  to  be  fixed  in  the  hearts  of  the  people,  and 
to  become  the  motive  of  their  exertions,  and  principle  of 
their  government  ?  The  very  thought  alone  was  trea- 
son against  the  people  ;  was  treason  against  mankind 
in  general ;  as  rivetting  forever  the  chains  which  bow 
down  their  necks,  by  giving  to  their  oppressors  a  proof, 
which  they  would  have  trumpeted  through  the  universe, 
of  the  imbecility  of  republican  government,  in  times  of 
pressing  danger,  to  shield  them  from  harm.  Those 
who  assume  the  right  of  giving  away  the  reins  of  gov- 
ernment in  any  case,  must  be  sure  that  the  herd,  whom 
they  hand  on  to  the  rods  and  hatchet  of  the  dictator, 
will  lay  their  necks  on  the  block  when  he  shall  nod  to 
them.  But  if  our  assemblies  supposed  such  a  resigna- 
tion in  the  people,  I  hope  they  mistook  their  character. 
I  am  of  opinion,  that  the  government,  instead  of  being 
braced  and  invigorated  for  greater  exertions  under 
their  difficulties,  would  have  been  thrown  back  upon 
the  bungling  machinery  of  county  committees  for  ad- 
ministration, till  a  convention  could  have  been  called, 
and  its  wheels  again  set  into  regular  motion.  What  a 
cruel  moment  was  this  for  creating  such  an  embarrass- 
ment, for  putting  to  the  proof  the  attachment  of  our 
countrymen  to  republican  government !  Those  who 
meant  well,  of  the  advocates  for  this  measure,  (and 
most  of  them  meant  well,  for  I  know  them  personally, 
had  been  their  fellow-labourers  in  the  common  cause, 
and  had  often  proved  the  purity  of  their  principles,) 
bad  been  seduced  in  their  judgment  by  the  example  of 
an  ancient  republic,  whose  constitution  and  circum- 
stances were  fundamentally  different.  They  had  sought 
this  precedent  in  the  history  of  Rome,  where  alone  it 
was  to  be  found,  and  where  at  length  too  it  had  proved 
fatal.  They  had  taken  it  from  a  republic  rent  by  the 
most  bitter  factions  and  tumults,  where  the  govern- 
ment was  of  a  heavy-banded  unfeeling  aristocracy,  over 
a  people  ferocious,  and  rendered  desperate  by  poverty 


and  wretchedness  ;  tumults  which  could  not  be  allayed 
under  the  most  trying  circumstances,  but  by  the  om- 
nipotent hand  of  a  single  despot.— Their  constitution 
therefore  allowed  a  temporary  tyrant  to  be  erected, 
under  the  name  of  a  dictator;  and  that  temporary  ty- 
rant, after  a  few  examples,  became  perpetual.  They 
misapplied  this  precedent  to  a  people,  mild  in  their  dis- 
positions, patient  under  their  trial,  united  for  the  public 
liberty,  and  affectionate  to  their  leaders.  But  if  from 
the  constitution  of  the  Roman  government  there  re- 
sulted to  their  senate  a  power  of  submitting  all  their 
rights  to  the  will  of  one  man,  does  it  follow,  that  the 
assembly  of  Virginia  has  the  same  authority  ?  What 
clause  in  our  constitution  has  substituted  that  of  Rome, 
by  way  of  residuary  provision,  for  all  cases  not  other- 
wise provided  for  ?  Or  if  they  may  step  ad  libitum  into 
any  other  form  of  government  for  precedents  to  rule  us 
by,  for  what  oppression  may  not  a  precedent  be  found 
in  this  world  of  the  helium  omnium  in  omnia  ? — Search- 
ing for  the  foundations  of  this  proposition,  I  can  find 
none  which  may  pretend  a  colour  of  right  or  reason, 
but  the  defect  before  developed,  that  there  being  no 
barrier  between  the  legislative,  executive,  and  judiciary 
departments,  the  legislature  may  seize  the  whole  :  that 
having  seized  it,  and  possessing  a  right  to  fix  their  own 
quorum,  they  may  reduce  that  quorum  to  one,  whom 
they  may  call  a  chairman,  speaker,  dictator,  or  by  any 
other  name  they  please.  Our  situation  is  indeed  peril- 
ous, and  I  hope  my  countrymen  will  be  sensible  of  it, 
and  will  apply,  at  a  proper  season  the  proper  remedy  ; 
which  is  a  convention  to  fix  the  constitution,  to  amend 
its  defects,  to  bind  up  the  several  branches  of  govern- 
ment by  certain  laws,  which  when  they  transgress  their 
acts  shall  become  nullities;  to  render  unnecessary  an 
appeal  to  the  people,  or  in  other  words  a  rebellion,  on 
every  infraction  of  their  rights,  on  the  peril  that  their 
acquiescence  shall  be  construed  into  an  intention  to  sur- 
render those  rights. 



The  administration  of  justice,  and  the  description  of 
the  laws  ? 

The  state  is  divided  into  counties.  In  every  county 
are  appointed  magistrates,  called  justices  of  the  peace, 
usually  from  eight  to  thirty  or  forty  in  number,  in  pro- 
portion to  the  size  of  the  county,  of  the  most  discreet 
and  honest  inhabitants.  They  are  nominated  by  their 
fellows,  but  commissioned  by  the  governor,  and  act 
without  reward.  These  magistrates  have  jurisdiction 
both  criminal  and  civil.  If  the  question  before  them 
be  a  question  of  law  only,  they  decide  on  it  themselves  : 
but  if  it  be  of  fact,  or  of  fact  and  law  combined,  it  must 
be  referred  to  a  jury.  In  the  latter  case,  of  a  combina- 
tion of  law  and  fact,  it  is  usual  for  the  jurors  to  decide 
the  fact,  aad  to  refer  the  law  arising  on  it  to  the  deci- 
sion of  the  judges.  But  this  division  of  the  subject  lies 
with  their  discretion  only.  And  if  the  question  relate 
to  any  point  of  public  liberty,  or  if  it  be  one  of  those  in 
which  the  judges  may  be  suspected  of  bias,  the  jury  un- 
dertake to  decide  both  law  and  fact.  If  they  be  mis- 
taken, a  decision  against  right,  which  is  casual  only,  is 
less  dangerous  to  the  state,  and  less  afflicting  to  the 
loser,  than  one  which  makes  part  of  a  regular  and  uni- 
form system.  In  truth  it  is  better  to  toss  up  cross  and 
pile  in  a  cause,  than  to  refer  it  to  a  judge  whose  mind 
is  warped  by  any  motive  whatever,  in  that  particular 
case.  But  the  common  sense  of  twelve  honest  men 
gives  still  a  better  chance  of  just  decision,  than  the  ha- 
zard of  cross  and  pile.  These  judges  execute  their 
process  by  the  sheriff  or  coroner  of  the  county,  or  by 
constables  of  their  own  appointment.  If  any  free  per- 
son commit  an  offence  against  the  commonwealth,  if  it 
be  below  the  degree  of  felony,  he  is  bound  by  a  justice 
to  appear  before  their  court,  to  answer  it  on  indictment 
or  information.  If  it  amount  to  felony,  he  is  commit- 
ted to  jail  ;  a  court  of  these  justices  is  called  :  if  they  on 
examination  think  him  guilty,  they  send  him  to  the  jail 


of  the  general  court,  before  which  court  he  is  to  be  tri- 
ed first  by  a  grand  jury  of  24,  of  whom  13  must  concur 
in  opinion  :  if  they  find  him  guilty,  he  is  then  tried  by 
a  jury  of  12  men  of  the  county  where  the  offence  was 
committed,  and  by  their  verdict,  which  must  be  unani- 
mous, he  is  acquitted  or  condemned  without  appeal.  If 
the  criminal  be  a  slave,  the  trial  by  the  county  court  is 
final.  In  every  case,  however,  except  that  of  high  trea- 
son, there  resides  in  the  governor  a  power  of  pardon. 
In  high  treason,  the  pardon  can  only  flow  from  the  ge- 
neral assembly.  In  civil  matters  these  justices  have 
jurisdiction  in  all  cases  of  whatever  value,  not  apper- 
taining to  the  department  of  the  admiralty.  This  ju- 
risdiction is  twofold.  If  the  matter  in  dispute  be  of 
less  value  than  four  dollars  and  one-sixth,  a  single 
member  may  try  it  at  any  time  and  place  within  his 
county,  and  may  award  execution  on  the  goods  of  the 
party  cast.  If  it  be  of  that  or  greater  value,  it  is  de- 
terminable before  the  county  court,  which  consists  of 
four  at  least  of  those  justices,  and  assembles  at  the 
court-house  of  the  county  on  a  certain  day  in  every 
month.  From  their  determination,  if  the  matter  be  of 
the  value  often  pounds  sterling,  or  concern  the  title  or 
bounds  of  lands,  an  appeal  lies  to  one  of  the  superior 

There  are  three  superior  courts,  to  wit,  the  high 
court  of  chancery,  the  general  court,  and  the  court  of 
admiralty.  The  first  and  second  of  these  receive  ap- 
peals from  the  county  courts,  and  also  have  original  ju- 
risdiction, where  the  subject  of  controversy  is  of  the 
value  often  pounds  sterling,  or  where  it  concerns  the 
title  or  bounds  of  land.  The  jurisdiction  of  the  admi- 
ralty is  original  altogether.  The  high  court  of  chance- 
ry is  composed  of  three  judges,  the  general  court  of 
five,  and  the  court  of  admiralty  of  three.  The  two  first 
hold  their  sessions  at  Richmond  at  stated  times,  the 
chancery  twice  in  the  year,  and  the  general  court  twice 
for  business  civil  and  criminal,  and  twice  more  for  cri- 
minal only.  The  court  of  admiralty  sits  at  Williams- 
burgh  whenever  controversy  arises. 


There  is  one  supreme  court,  called  the  court  of  ap- 
peals, composed  of  the  judges  of  the  three  superior 
courts,  assembling  twice  a  year  at  stated  times  at  Rich- 
mond. This  court  receives  appeals  in  all  civil  cases 
from  each  of  the  superior  courts,  and  determines  them 
finally.     But  it  has  no  original  jurisdiction. 

If  a  controversy  arise  between  two  foreigners  of  a 
nation  in  alliance  with  the  United  States,  it  is  decided 
by  the  Consul  for  their  state,  or,  if  both  parties  choose 
it,  by  the  ordinary  courts  of  justice.  If  one  of  the  par- 
ties only  be  such  a  foreigner,  it  is  triable  before  the 
courts  of  justice  of  the  country.  But  if  it  shall  have 
been  instituted  in  a  county  court,  the  foreigner  may  re- 
move it  into  the  general  court,  or  court  of  chancery, 
who  are  to  determine  it  at  their  first  sessions,  as  they 
must  also  do  if  it  be  originally  commenced  before  them. 
In  cases  of  life  and  death,  such  foreigners  have  a  right 
to  be  tried  by  a  jury,  the  one  half  foreigners,  the  other 

All  public  accounts  are  settled  with  a  board  of  audi- 
tors, consisting  of  three  members  appointed  by  the  ge- 
neral assembly,  any  two  of  whom  may  act.  But  an  in- 
dividual, dissatisfied  with  the  determination  of  that 
board,  may  carry  his  cose  into  the  proper  superior 

A  description  of  the  laws. 

The  general  assembly  was  constituted,  as  has  been 
already  shown,  by  letters  patent  of  March  the  ninth, 
1G07,  in  the  fourth  year  of  the  reign  of  James  the  first. 
The  laws  of  England  seem  to  have  been  adopted  by 
consent  of  the  settlers,  which  migbt  easily  enough  be 
done  whilst  they  were  few  and  living  all  together.  Of 
such  adoption,  however,  we  have  no  other  proof  than 
their  practice  till  the  year  1661,  when  they  were  ex- 
pressly adopted  by  an  act  of  the  assembly,  except  so  far 
as  'a difference  of  condition'  rendered  them  inapplica- 
ble. Under  this  adoption,  the  rule,  in  our  courts  of  ju- 
dicature was,  that  the  common  law  of  England,  and  the 
general  statutes  previous  to  the  4th  of  James,  were  in 
force  here  ;  but  that  no  subsequent  statutes,  were,  «n- 



less  tee  were  named  in  them,  said  the  judges  and  other 
partisans  of  the  crown,  but  named  or  not  named,  said 
those  who  reflected  freely.  It  will  be  unnecessary  to 
attempt  a  description  of  the  laws  of  England,  as  that 
may  be  found  in  English  publications.  To  those  which 
were  established  here,  by  the  adoption  of  the  legisla- 
ture, have  been  since  added  a  number  of  acts  of  assem- 
bly passed  during  the  monarchy,  and  ordinances  of 
convention  and  acts  of  assembly  enacted  since  the  es- 
tablishment of  the  republic.  The  following  variations 
from  the  British  model  are  perhaps  worthy  of  being 

Debtors  unable  to  pay  their  debts,  and  making  faith- 
ful delivery  of  their  whole  effects,  are  released  from 
confinement,  and  their  persons  forever  discharged  from 
restraint  for  such  previous  debts  :  but  any  property 
they  may  afterwards  acquire  will  be  subject  to  their 

The  poor,  unable  to   support  themselves,  are  main- 
tained   by  an   assessment  on   the  tytheable  persons  in 
their  parish.     This  assessment  is   levied  and  adminis- 
tered by  twelve  persons  in  each    parish,   called  vestry- 
men, originally  chosen   by  the  housekeepers  of  the  pa- 
rish, but  afterwards  filling  vacancies  in  their  own  body 
by  their  own  choice.     These  are  usually  the  most  dis- 
creet farmers,  so  distributed  through  their  parish,  that 
every  part  of  it  may  be   under  the  immediate   eye  of 
some  one  of  them.     They  are  well  acquainted  with  the 
details  and  economy  of  private  life',  and  they  find  suffi- 
cient inducements  to  execute  their  charge  well,  in  their 
philanthropy,  in  the  approbation   of  their  neighbours, 
and  the  distinction  which  that  gives  them.     The  poor 
who  have  neither  property,  friends,  nor  strength  to  la- 
bour, are  boarded  in  the  houses  of  good  farmers,  to 
whom  a  stipulated  sum  is  annually  paid.     To   those 
who  are  able  to  help  themselves  a  little,  or  have  friends 
from  whom  they  derive  some  succours,  inadequate  how- 
ever to  their  full  maintenance,  supplementary  aids  are 
given  which  enable  them  to  live  comfortably  in  their 
own  houses,  or  in  the  houses  of  their  friends.     Vaga- 


bonds  without  visible  property  or  vocation,  are  placed 
in  work  houses,  where  they  are  well  clothed,  fed,  lodg- 
ed, and  made  to  labour.     Nearly  the  same  method  of 
providing  for  the  poor  prevails  through  all  our  states  ; 
and  from  Savannah   to   Portsmouth   you  will  seldom 
meet  a  beggar.     In  the  large  towns,  indeed  they  some- 
times present  themselves.     These  are  usually  foreign- 
ers, who  have  never  obtained  a  settlement  in   any  pa- 
rish.    I  never  yet   saw   a  native  American  begging  in 
the  streets  or  highways.     A  subsistence  is  easily  gain- 
ed here  :  and  if,  by  misfortunes,  they  are  thrown  on  the 
charities  of  the    world,  those  provided    by  their  own 
country  are  so  comfortable   and  so   certain,  that  they 
never  think  of  relinquishing  them  to  become  strolling 
beggars.     Their  situation  too,  when  sick,  in  the  family 
of  a  good  farmer,  where  every  member  is  emulous  to 
do  them  kind  offices,  where  they  are  visited  by  all  the 
neighbours,  who  bring  them  the  little  rarities   which 
their  sickly  appetites  may  crave,  and  who  take  by  ro- 
tation the  nightly  watch  over  them,  when  their  condi- 
tion requires  it,  is  without  comparison  better  than  in  a 
general  hospital,  where  the  sick,  the  dying  and  the  dead, 
are  crammed   together,  in   the  same  rooms,  and  often 
in    the    same    beds.     The    disadvantages,  inseparable 
from  general  hospitals,  are  such  as  can  never  be  coun- 
terpoised  by  all   the  regularities  of  medicine  and  regi- 
men.    Nature   and   kind   nursing  save  a  much  greater 
proportion  in  our  plain  way,   at  a  smaller  expense,  and 
with  less  abuse.     One  branch  only  of  hospital  institu- 
tion is  wanting  with   us;  that  is,  a   general  establish- 
ment for  those  labouring  under  difficult  cases  of  chirur- 
gery.     The  aids  of  this  art  arc  not  equivocal.     But  an 
able  chirurgeon  cannot  be  had  in  every  parish.     Such 
a  receptacle  should  therefore  be  provided  for  those  pa- 
tients:  but  no  others  should  be  admitted. 

Marriages  must  be  solemnized  either  on  special  li- 
cense, granted  by  the  first  magistrate  of  the  county,  on 
proof  of  the  consent  of  the  parent  or  guardian  of  either 
party  under  age,  or  after  solemn  publication,  on  three 
several  Sundays,  at  some  place  of  religious  worship,  in 


the  parishes  where  the  parties  reside.  The  act  of  so- 
lemnization may  be  by  the  minister  of  any  society  of 
Christians,  who  shall  have  been  previously  licensed  for 
this  purpose  by  the  court  of  the  county.  Quakers  and 
Menonists,  however,  are  exempted  from  all  these  con- 
ditions, and  marriage  among  them  is  to  be  solemnized 
by  the  society  itself. 

A  foreigner  of  any  nation,  not  in  open  war  with  us, 
becomes  naturalized  by  removing  to  the  state  to  reside, 
and  taking  an  oath  of  fidelity;  and  thereupon  acquires 
every  right  of  a  native  citizen  :  and  citizens  may  divest 
themselves  of  that  character,  by  declaring,  by  solemn 
deed,  or  in  open  court,  that  they  mean  to  expatriate 
themselves,  and  no  longer  to  be  citizens  of  this  state. 

Conveyances  of  land  must  be  registered  in  the  court 
of  the  county  wherein  they  lie,  or  in  the  general  court, 
or  they  are  void,  as  to  creditors,  and  subsequent  pur- 
chasers. Slaves  pass  by  descent  and  dower  as  lands 
do.  Where  the  descent  is  from  a  parent,  the  heir  is 
bound  to  pay  an  equal  share  of  their  value  in  money  to 
each  of  his  brothers  and  sisters. 

Slaves,  as  well  as  lands,  were  entailable  during  the 
monarchy  :  but,  by  an  act  of  the  first  republican  as- 
sembly, all  donees  in  tail,  present  and  future,  were 
vested  with  the  absolute  dominion  of  the  entailed  sub- 

Bills  of  exchange,  being  protested,  carry  10  per  cent, 
interest  from  their  date. 

No  person  is  allowed,  in  any  other  case,  to  take  more 
than  five  per  cent,  per  annum  simple  interest  for  the 
loan  of  moneys. 

Gaming  debts  are  made  void,  and  moneys  actually 
paid  to  discharge  such  debts  (if  they  exceed  40  shil- 
lings) may  be  recovered  by  the  payer  within  three 
months,  or  by  any  other  person  afterwards. 

Tobacco,  flour,  beef,  pork,  tar,  pitch,  and  turpentine, 
must  be  inspected  by  persons  publicly  appointed,  be- 
fore they  can  be  exported. 

The  erecting  iron  works  and  mills  is  encouraged  by 
many  privileges  ;  with  necessary  cautions  however  to 


prevent  their  dams  from  obstructing  the  navigation  of 
the  water-courses.  The  general  assembly  have  on  se- 
veral occasions  shown  a  great  desire  to  encourage  the 
opening  the  great  falls  of  James  and  Patowmac  rivers. 
As  yet  however,  neither  of  these  have  been  effected. 

The  laws  have  also  descended  to  the  preservation 
and  improvement  of  the  races  of  useful  animals,  such  as 
horses,  cattle,  deer;  to  the  extirpation  of  those  which 
are  noxious,  as  wolves,  squirrels,  crows,  blackbirds  ; 
and  to  the  guarding  our  citizens  against  infectious  dis- 
orders, by  obliging  suspected  vessels  coming  into  the 
state,  to  perforin  quarantine,  and  by  regulating  the  con- 
duct of  persons  having  such  disorders  within  the  state. 

The  mode  of  acquiring  lands,  in  the  earliest  times  of 
our  settlement,  was  by  petition  to  the  general  assem- 
bly. If  the  lands  prayed  for  were  already  cleared  of 
the  Indian  title,  and  the  assembly  thought  the  prayer 
reasonable,  they  passed  the  property  by  their  vote  to 
the  petitioner.  But  if  they  had  not  yet  been  ceded  by 
the  Indians,  it  was  necessary  that  the  petitioner  should 
previously  purchase  their  right.  This  purchase  the  as- 
sembly verified,  by  enquiries  of  the  Indian  proprietors  ; 
and  being  satisfied  of  its  reality  and  fairness,  proceeded 
further  to  examine  the  reasonableness  of  the  petition, 
and  its  consistence  with  policy  ;  and  according  to  the 
result,  either  granted  or  rejected  the  petition.  The 
company  also  sometimes,  though  very  rarely,  granted 
lands,  independently  of  the  general  assembly.  As  the 
colony  increased,  and  individual  applications  for  land 
multiplied,  it  was  found  to  give  too  much  occupation  to 
the  general  assembly  to  enquire  into  and  execute  the 
grant  in  every  special  case.  They  therefore  thought  it 
better  to  establish  general  rules,  according  to  which  all 
grants  should  be  made,  and  to  leave  to  the  governor 
the  execution  of  them,  under  these  rules.  This  they 
did  by  what  have  been  usually  called  the  land  laws, 
amending  them  from  time  to  time,  as' their  defects  were 
developed.  According  to  these  laws,  when  an  indivi- 
dual wished  a  portion  of  unappropriated  land,  he  waa 
to  locate  and   survey  it   by  a    public    officer,  appointed 


for  that  purpose :  its  breadth  was  to  bear  a  certain  pro- 
portion to  its  length  ;  the  grant  was  to  be  executed  by 
the  governor:  and  the  lands  were  to  be  improved  in  a 
certain   manner,  within  a  given  time.     From  these  re- 
gulations there  resulted  to  the  state  a  sole  and  exclu- 
sive power  of  taking  conveyances  of  the  Indian  right 
of  soil:  since,  according  to  them  an  Indian  conveyance 
alone  could  give  no  right  to  an  individual,  which   the 
laws  would  acknowledge.     The   state,  or   the    crown, 
thereafter,  made  general  purchases  of  the  Indians  from 
time  to  time,  and  the  governor  parcelled  them  out  by 
special  grants,  conformable  to  the  rules  before  describ- 
ed, which  it  wras  not  in  his  power,  or  in  that  of  the 
crown,  to  dispense   with.     Grants,  unaccompanied  by 
their  proper  legal  circumstances,  were  set  aside  regu- 
larly by  scire  facias,  or  by  bill  in  chancery.     Since  the 
establishment  of  our  new  government,  this   order  of 
things  is  but  little  changed.     An  individual,   wishing  to 
appropriate    to   himself    lands  still  unappropriated   by 
any  other,  pays  to  the  public  treasurer  a  sum  of  money 
proportioned  to  the  quantity  he  wants.     He  carries  the 
treasurer's  receipt  to  the  auditors  of  public  accompts, 
who  thereupon  debit  the  treasurer  with  the  sum,  and 
order  the  register  of  the  land  office  to  give  the  party  a 
warrant   for  his  land.     With  this  warrant  from  the  re- 
gister, he  goes  to  the  surveyor  of  the  county  where  the 
land  lies  on  which  he  has  cast  his  eye.     The  surveyor 
lays  it  off  for  him,  gives  him  its    exact  description,  in 
the  form  of  a  certificate,  which  certificate  he  returns 
to  the  land  office,  where  a  grant  is  made  out,  and  is 
signed  by  the  governor,     This  vests  in   him  a  perfect 
dominion  in  his  lands,  transmissible  to  whom  he  pleases 
by  deed  or  will,  or  by  descent  to  his  heirs?  if  he  die  in- 

Many  of  the  laws  which  were  in  force  during  the 
monarchy  being  relative  merely  to  that  form  of  govern- 
ment, or  inculcating  principles  inconsistent  with  re- 
publicanism, the  first  assembly  which  met  after  the 
establishment  of  the  commonwealth  appointed  a  com- 
mittee to  revise  the   whole  code,  to  reduce  it  into  pro- 


per  form  and  volume,  and  report  it  to  the  assembly. 
This  work  has  been  executed  by  three  gentlemen,  and 
reported  ;  but  probably  will  not  be  taken  up  till  a  re- 
storation of  peace  shall  leave  to  the  legislature  leisure 
to  go  through  such  a  woik. 

The  plan  of  the  revisal  was  this.  The  common  law 
of  England,  by  whieh  is  meant,  that  part  of  the  English 
law  which  was  anterior  to  the  date  of  the  oldest  sta- 
tutes extant,  is  made  the  basis  of  the  work.  It  was 
thought  dangerous  to  attempt  to  reduce  it  to  a  text :  it 
was  therefore  left  to  be  collected  from  the  usual  monu- 
ments of  it.  Necessary  alterations  in  that,  and  so  much 
of  the  whole  body  of  the  British  statutes,  and  of  acts 
of  assembly,  as  were  thought  proper  to  be  retained, 
were  digested  into  126  new  acts,  in  which  simplicity 
of  style  was  ai:ne:l  at,  as  far  as  was  safe.  The  follow- 
ing are  the  most  remarkable  alterations  proposed  : 

To  change  the  rules  of  descent,  so  as  that  the  lands 
of  any  person  dying  intestate  shall  be  divisible  equally 
among  all  his  children,  or  other  representatives,  in  equal 

To  make  slaves  distributable  among  the  next  of  kin, 
as  other  moveables. 

To  have  all  public  expenses,  whether  of  the  general 
treasury,  or  of  a  parish  or  county,  (as  for  the  mainte- 
nance of  the  poor,  building  bridges,  court-houses,  &c.) 
supplied  by  assessments  on  the  citizens,  in  proportion 
to  their  property. 

To  hire  undertakers  for  keeping  the  public  roads  in 
repair,  and  indemnify  individuals  through  whose  lands 
new  roads  shall  be  opened. 

To  define  with  precision  the  rules  whereby  aliens 
Bhould  become  citizens,  and  citizens  make  thomselves 

To  establish  religious  freedom  on  the  broadest  bot- 

To  emancipate  all  slaves  born  after  passing  the  act. 
The  bill  reported  by  the  revisors  does  not  itself  con- 
tain this  proposition  ;  but  an  amendment  containing 
it  was  prepared,  to  be  offered  to  the  legislature  when- 


ever  the  bill  should  be  taken  tip,  and  further  directing, 
that  they  should  continue  with  their  parents  to  a  cer- 
tain age,  then  be  brought  up,  at  the  public  expense,  to 
tillage,  arts  or  sciences,  according  to  their  geniuses,  till 
the  females  should  be  eighteen,  and  the  males  twenty- 
one  years  of  age,  when  the}'  should  be  colonized  to 
such  place  as  the  circumstances  of  the  lime  should  ren- 
der most  proper,  sending  them  out  with  arms,  imple- 
ments of  household  and  of  the  handicraft  arts,  seeds, 
pairs  of  the  useful  domestic  animals,  &c.  to  declare 
them  a  free  and  independent  people,  and  extend  to 
them  our  alliance  and  protection,  till  they  have  acquir- 
ed strength ;  and  to  send  vessels  at  the  same  time  to 
other  parts  of  the  world  for  an  equal  number  of  white 
inhabitants;  to  induce  whom  to  migrate  hither,  proper 
encouragements  were  to  be  proposed.  Jt  will  probably 
be  asked,  Why  not  retain  and  incorporate  the  blacks 
into  the  state,  and  thus  save  the  expense  of  supplying 
by  importation  of  white  settlers,  the  vacancies  they  will 
leave  ?  Dee})  rooted  prejudices  entertained  by  the 
whites  ;  ten  thousand  recollections,  by  the  blacks,  of 
the  injuries  they  have  sustained;  new  provocations; 
the  real  distinctions  which  nature  has  made  ;  and  many 
other  circumstances,  will  divide  us  into  parties,  and  pro- 
duce convulsions,  which  will  probably  never  end  but 
in  the  extermination  of  the  one  or  the  other  race. — 
To  these  objections,  which  are  political,  maybe  added 
others,  which  are  physical  and  moral.  The  first  differ- 
ence which  strikes  us  is  that  of  colour. — Whether  the 
black  of  the  negro  resides  in  the  reticular  membrane 
between  the  skin  and  scarf-skin,  or  in  the  scarf-skin  it- 
self; whether  it  proceeds  from  the  colour  of  the  blood, 
the  colour  of  the  bile,  or  from  that  of  some  other  secre- 
tion, the  difference  is  fixed  in  nature,  and  is  as  real  as 
if  its  seat  and  cause  were  better  known  to  us.  And  is 
this  difference  of  no  importance  ?  Is  it  not  the  founda- 
tion of  a  greater  or  less  share  of  beauty  in  the  two 
races  ?  Are  not  the  fine  mixtures  of  red  and  white, 
the  expressions  of  every  passion  by  greater  or  less  suf- 
fusions of  colour  in  the  one,  preferable  to  that  eternal 


monotony,  which  reigns  in  the  countenances,  that  im- 
movable  veil  of  black  which  covers  all  the  emotions  of 
the  other  race  ?  Add  to  these,  flowing  hair,  a  more 
elegant  symmetry  of  form,  their  own  judgment  in  fa- 
vour of  the  whites,  declared  by  their  preference  of 
them,  as  uniformly  as  is  the  preference  of  the  Oranbd* 
tan  for  the  black  women  over  those  of  his  own  species. 
The  circumstance  of  superior  beauty,  is  thought  Wor- 
thy attention  in  the  propagation  of  our  horses,  dogs, 
and  other  domestic  animals  ;  why  not  in  that  of  man  ? 
Besides  those  of  colour,  figure,  and  hair,  there  are  other 
physical  distinctions  proving  a  difference  of  race.  They 
have  less  hair  on  the  face  and  body.  They  secrete  les3 
by  the  kidneys,  and  more  by  the  glands  of  the  skin, 
which  gives  them  a  very  strong  and  disagreeable  odour. 
This  greater  degree  of  transpiration  renders  them  more 
tolerant  of  heat,  and  less  so  of  cold  than  the  whites* 
Perhaps  too  a  difference  of  structure  in  the  pulmonary 
apparatus,  which  a  late  ingenious*  experimentalist  has 
discovered  to  be  the  principal  regulator  of  animal  healj 
may  have  disabled  them  from  extricating,  in  the  act  of 
inspiration,  so  much  of  that  fluid  from  the  outer  air,  or 
obliged  them  in  expiration,  to  part  with  more  of  it. 
They  seem  to  require  less  sleep.  A  black  after  hard 
labour  through  the  day,  will  be  induced  by  the  slightest 
amusements  to  sit  up  till  midnight,  or  later,  though 
knowing  he  must  be  out  with  the  first  dawn  of  the 
morning.  They  are  at  least  as  brave,  and  more  adven- 
turesome. But  this  may  perhaps  proceed  from  a  want 
of  forethought,  which  prevents  their  seeing  a  danger 
till  it  be  present. — When  present,  they  do  not  go  through 
it  with  more  coolness  or  steadiness  than  the  whites* 
They  are  more  ardent  after  their  female  :  but  love  seems 
with  them  to  be  more  an  eager  desire,  than  a  tender 
delicate  mixture  of  sentiment  and  sensation.  Their 
griefs  are  transient.  Those  numberless  afflictions, 
which  render  it  doubtful  whether  heaven  has  given  life 
to  us  in  mercy  or  in  wrath,  are  less  felt,  and  sooner  for* 

*  Crawford < 


gotten  "with  them.  In  general,  their  existence  appears 
to  participate  more  of  sensation  than  reflection.  To 
this  must  be  ascril>ed  their  disposition  to  sleep  when 
abstracted  from  their  diversions,  and  unemployed  in  la- 
bour. An  animal  whose  body  is  at  rest,  and  who  does 
not  reflect,  must  be  disposed  to  sleep  of  course.  Com- 
paring them  by  their  faculties  of  memory,  reason,  and 
imagination,  it  appears  to  me  that  in  memory  they  are 
equal  to  the  whites;  in  reason  much  inferior,  as  I  think 
one  could  scarcely  be  found  capable  of  tracing  and  com- 
prehending the  investigations  of  Euclid ;  and  that  in 
imagination  they  are  dull,  tasteless,  and  anomalous.  It 
would  be  unfair  to  follow  them  to  Africa  for  this  inves- 
tigation. We  will  consider  them  here,  on  the  same 
stage  with  the  whites,  ami  where  the  facts  are  not  apo- 
cryphal on  which  a  judgment  is  to  be  formed.  It  will 
be  right  to  make  great  allowances  for  the  difference  of 
condition,  of  education,  of  conversation,  of  the  sphere 
in  which  they  move.  Many  millions  of  them  have  been 
brought  to,  and  born  in  America.  Most  of  them  indeed 
have  been  confined  to  tillage,  to  their  own  homes,  and 
their  own  society  :  yet  many  have  been  so  situated, 
that  they  might  have  availed  themselves  of  the  conver- 
sation of  their  masters;  many  have  been  brought  up 
to  the  handicraft  arts,  and  from  that  circumstance  have 
always  been  associated  with  the  whites.  Some  have 
been  liberally  educated,  and  all  have  lived  in  countries 
where  the  arts  and  sciences  are  cultivated  to  a  consid- 
erable degree,  and  have  had  before  their  eyes  samples 
of  the  best  works  from  abroad.  The  Indians,  with  no 
advantages  of  this  kind,  will  often  carve  figures  on  their 
pipes  not  destitute  of  design  and  merit.  They  will 
crayon  out  an  animal,  a  plant,  or  a  country,  so  as  to 
prove  the  existence  of  a  germ  in  their  minds  which  only 
wants  cultivation.  They  astonish  you  with  strokes  of 
the  most  sublime  oratory;  such  as  prove  their  reason 
and  sentiment  strong,  their  imagination  glowing  and 
elevated.  But  never  yet  could  I  find  that  a  black  had 
uttered  a  thought  above  the  level  of  plain  narration  ; 
never  saw  even  an  elementary  trait  of  painting  or  sculp- 


ture.  In  music  they  are  more  generally  gifted  than  the 
whites  with  accurate  ears  for  tune  and  time,  and  they 
have  been  found  capable  of  imagining  a  small  catch.* 
Whether  they  will  be  equal  to  the  composition  of  a 
more  extensive  run  of  melody,  or  of  complicated  har- 
mony, is  yet  to  be  proved.  Misery  is  often  the  parent 
of  the  most  affecting  touches  in  poetry.  Among  the 
blacks  is  misery  enough,  God  knows,  but  no  poetry. 
Love  is  the  peculiar  oestrum  of  the  poet.  Their  love  is 
ardent,  but  it  kindles  the  senses  only,  not  the  imagina- 
tion. Religion  indeed  has  produced  a  Phyllis  Whately  ; 
but  it  could  not  produce  a  poet.  The  compositions 
published  under  her  name  are  below  the  dignity  of  cri- 
ticism. The  heroes  of  the  Dunciad  are  to  her,  as  Her- 
cules to  the  author  of  that  poem.  Ignatius  Sancho  has 
approached  nearer  to  merit  in  composition  ;  yet  his  let- 
ters do  more  honour  to  the  heart  than  the  head.  They 
breathe  the  purest  effusions  of  friendship  and  general 
philanthropy,  and  show  how  great  a  degree  of  the  lat- 
ter maybe  compounded  with  strong  religious  zeal.  He 
is  often  happy  in  the  turn  of  his  compliments,  and  his 
style  is  easy  and  familiar,  except  when  he  affects  a 
Shandean  fabrication  of  words.  But  his  imagination  is 
wild  and  extravagant,  escapes  incessantly  from  every 
restraint  of  reason  and  taste,  and,  in  the  course  of  its 
vagaries,  leaves  a  tract  of  thought  as  incoherent  and 
eccentric,  as  is  the  course  of  a  meteor  through  the  sky. 
His  subjects  should  often  have  led  him  to  a  process  of 
sober  reasoning  :  yet  we  find  bim  always  substituting 
sentiment  for  demonstration.  Upon  the  whole,  though 
we  admit  him  to  the  first  place  among  those  of  his  own 
colour  who  have  presented  themselves  to  the  public 
judgment,  yet  when  we  compare  him  with  the  writers 
of  the  race  among  whom  he  lived  and  particularly  with 
the  epistolary  class,  in  which  he  has  taken  his  own 
stand,  we  are  compelled  to  enrol  him  at  the  bottom  of 

*■  The  instrument  proper  to  them  is  the  Banjar,  which  they 
brought  hither  from  Africa,  and  which  is  the  original  of  the  gui- 
tar, its  chords  being  precisely  the  four  lower  chords  of  the  guijar. 


the  column.  This  criticism  supposes  the  letters  pub- 
lished under  his  name  to  be  genuine,  and  to  have  re- 
ceived amendment  from  no  other  hand  ;  points  which 
would  not  be  of  easy  investigation.  The  improvement 
of  the  blacks  in  body  and  mind,  in  the  first  instance  of 
their  mixture  with  the  whites,  has  been  observed  by 
every  one,  and  proves  that  their  inferiority  is  not  the 
effect  merely  of  their  condition  of  life.  We  know  that 
among  the  Romans,  about  the  Augustan  age  especially, 
the  condition  of  their  slaves  was  much  more  deplorable 
than  that  of  the  blacks  on  the  continent  of  America. 
The  two  sexes  were  confined  in  separate  apartments, 
because  to  raise  a  child  cost  the  master  more  than  to 
buy  one.  Cato,  for  a  very  restricted  indulgence  to  his 
slaves  in  this  particular,*  took  from  them  a  certain  price. 
But  in  this  country  the  slaves  multiply  as  fast  as  the 
free  inhabitants.  Their  situation  and  manners  place 
the  commerce  between  the  two  sexes  almost  without 
restraint.  The  same  Cato,  on  a  principle  of  ceconomy, 
always  sold  his  lick  and  superannuated  slaves.  He 
gives  it  as  a  standing  precept  to  a  master  visiting  his 
farm,  to  sell  his  old  oxen,  old  wagons,  old  tools,  old  and 
diseased  servants,  and  every  thing  else  become  useless. 
4  Vendat  boves  vetulos,  plaustrum  vetus,  fermenta  Vete- 
ra, servum  senem,  servum  morbosum,  &  si  quid  aliud 
supersit  vendat.'  Cato  de  re  rustica.  c.  2.  The  Ame- 
rican slaves  cannot  enumerate  this  among  the  injuries 
and  insults  they  receive.  It  was  the  common  practice 
to  expose  in  the  island  ^Esculapius,  in  the  Tyber,  dis- 
eased slaves,  whose  cure  was  like  to  become  tedious.f 
The  emperor  Claudius,  by  an  edict,  gave  freedom  to 
such  of  them  as  should  recover,  and  first  declared  that 
if  any  person  chose  to  kill  rather  than  expose  them,  it 
should  be  deemed  homicide.  The  exposing  them  is  a 
crime  of  which  no  instance  has  existed  with  us ;  and 
Were  it  to,  be  followed  by  death,  it  would  be  punished 

*  Tous  doulous  etaxen  orismenou  nomesmatos  homilein   tais 
therapainsin.     Plutarch.     Cato. 

t  Suet,    Claud.  25. 


capitally.     We  are  told  of  a  certain  Vedlus  Pollio,  who, 
in  the  presence  of  Augustus,  would  have  given  a  slave 
as  food  to  his  fish,  for  having  broken  a  glass.     With  the 
Romans,  the  regular  method  of  taking  the  evidence  of 
their  slaves  was  under  torture.  Here  it  has  been  thought 
better  never  to  resort  to  their  evidence.     When  a  mas- 
ter was  murdered,  all  his  slaves,  in  the  same  house,  or 
within  hearing,  were  condemned  to  death.     Here  pu- 
nishment falls  on  the  g-uilty  only,  and  as  precise  proof 
is  required  against  him  as  against  a  freeman.     Yet  not- 
withstanding these  and  other  discouraging  circumstan- 
ces among  the  Romans,  their  slaves  were  often  their 
rarest  artists.     They  excelled  too  in  science,  insomuch 
as  to  be  usually  employed   as  tutors  to  their  masters' 
children.  Epictetus,  Terence,  and  Phasdrus,  were  slaves- 
Rut  they  were  of  the  race   of  whites.     It  is  not  their 
condition  then,  but  nature,  which  has  produced  the  dis- 
tinction.    Whether  further  observation  will  or  will  not 
verify  the  conjecture,  that  nature  has  been  less  bounti- 
ful to  them  in  the  endowments  of  the  head,  I  believe 
that  in  those  of  the  heart  she  will  be  found  to  have  done 
them  justice.     That  disposition  to  theft  with  which  they 
have  been  branded,  must  be  ascribed  to  their  situation, 
and  not  to  any  depravity  of  the  moral  sense.     The  man, 
in   whose  favour  no  laws  of  property  exist,  probably 
feels  himself  less  bound  to  respect  those  made  in  favour 
of  others.     When  arguing  for  ourselves,  we  lay  it  down 
as  a  fundamental,  that  laws,  to  be  just,  must  give  a  re- 
ciprocation of  right ;  that,  without  this,  they  are  mere 
arbitrary  rules  of  conduct,  founded  in  force,  and  not  in 
conscience :  and  it  is  a  problem  which  I  give  to  the 
master  to  solve,  whether  the  religious  precepts  against 
the  violation   of  property  were  not  framed  for  him  as 
well  as  his  slave?    And  whether  the  slave   may  not 
as  justifiably  take  a   little  from  one,  who  has  taken  all 
from  him,  as  he   may  slay  one  who   would  slay  him  ? 
That  a  change  in  the  relations  in  which  a  man  is  placed 
should  change  his  ideas  of  moral  right  or  wrong,  is 
neither  new,  nor  peculiar  to  the  colour  of  the  blacks. 
Homer  tells  us  it  was  so  2*500  years  ago. 


'EmisUj  ger  V  aretes  apoainutai  euruopa  Zeus 
Haneros,  euV  an  min  kota  doulion  ema  elesin. 

Odd.  17.  323. 

Jove  fix'd  it  certain,  that  whatever  day 
Makes  man  a  slave,  takes  half  his  worth  away. 

But  the  slaves  of  which  Horner  speaks  were  whites. 
Notwithstanding  these  considerations  which  must  weak- 
en their  respect  for  the  laws  of  property,  we  find  among 
them  numerous  instances  of  the  most  rigid  integrity, 
and  as  many  as  among  their  better  instructed  masters, 
of  benevolence,  gratitude  and  unshaken  fidelity.  The 
opinion,  that  they  are  inferior  in  the  faculties  of  reason 
and  imagination,  must  be  hazarded  with  great  diffi- 
dence. To  justify  a  general  conclusion,  requires  many 
observations,  even  where  the  subject  may  be  submitted 
to  the  anatomical  knife,  to  optical  classes,  to  analysis  by 
tire,  or  by  solvents.  How  much  more  then  where  it  is 
a  faculty,  not  a  substance,  we  are  examining  ;  where  it 
eludes  the  research  of  all  the  senses  ;  where  the  condi- 
tions of  its  existence  are  various  and  variously  combine 
ei  ;  where  the  effects  of  those  which  are  present  or  ab^ 
gent  bid  defiance  to  calculation  ;  let  me  add  too,  as  a 
circumstance  of  great  tenderness,  where  our  conclusion 
would  degrade  a  whole  race  of  men  from  the  rank  in 
the  scale  of  beings  which  their  Creator  may  perhaps 
have  given  them.  To  our  reproach  it  must  be  said, 
that  though  for  a  century  and  a  half  we  have  had  under 
our  eyes  the  races  of  black  and  of  red  men,  they  have 
never  yet  been  viewed  by  us  as  subjects  of  natural  his- 
tory. I  advance  it  therefore  as  a  suspicion  only,  that 
the  blacks,  whether  originally  a  distinct  race,  or  made 
distinct  by  time  and  circumstances,  are  inferior  to  the 
whites  in  the  endowments  both  of  body  and  mind.  It 
is  not  against  experience  to  suppose,  that  different  spe-* 
ciesofthe  same  genus,  or  varieties  of  the  same  spe- 
cies, may  possess  different  qualifications.  Will  not  a 
lover  of  natural  history  then,  one  who  views  the  gra- 
dations in  all  the  races  of  animals  with  the  eye  of  phi- 
losophy, excuse  an  effort  to  keep  those  in  the  departs 


ment  of  man  as  distinct  as  nature  has  formed  them  ? 
This  unfortunate  difference  of  colour,  and  perhaps  of 
faculty,  is  a  powerful  obstacle  to  the  emancipation  of 
these  people.  Many  of  their  advocates,  while  they  wish 
to  vindicate  the  liberty  of  human  nature  are  anxious 
also  to  preserve  its  dignity  and  beauty.  Some  of  these, 
embarrassed  by  the  question  '  What  further  is  to  be 
done  with  them  V  join  themselves  in  opposition  with 
those  who  are  actuated  by  sordid  avarice  only.  Among 
the  Romans  emancipation  required  but  one  effort.  The 
slave,  when  made  free,  might  mix  with,  without  stain-? 
ing  the  blood  of  his  master.  Jiut  with  us  a  second  is 
necessary,  unknown  to  history.  When  freed,  he  is  to 
be  removed  beyond  the  reach  of  mixture. 

The  revised  code  further  proposes  to  proportion 
crimes  and  punishments.  This  is  attempted  on  the  fol^ 
lowing  scale. 


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Pardon  and  privilege  of  clergy  are  proposed  to  be 
abolished  ;  but  if  the  verdict  be  against  the  defendant, 
the  court  in  their  discretion,  may  allow  a  new  trial, 
No  attainder  to  cause  a  corruption  of  blood,  or  forfeit- 
ure of  dower.  Slaves  guilty  of  offences  punishable  in 
others  by  labour,  to  be  transported  to  Africa,  or  else- 
where, as  the  circumstances  of  the  time  admit,  there  to 
be  continued  in  slavery.  A  rigorous  regimen  proposed 
for  those  condemned  to  labour. 

Another  object  of  the  revisal  is,  to  diffuse  knowledge 
more  generally  through  the  mass  of  the  people.  This 
bill  proposes  to  lay  off  every  county  into  small  districts 
of  five  or  six  miles  square,  called  hundreds,  and  in  each 
of  them  to  establish  a  school  for  teaching  reading^ 
writing  and  arithmetic.  The  tutor  to  be  supported  by 
the  hundred,  and  every  person  in  it  entitled  to  send 
their  children  three  years  gratis,  and  as  much  longer 
as  they  please,  paying  for  it.  These  schools  to  be  un- 
der a  visitor,  who  is  annually  to  choose  the  boy,  of  best 
genius  in  the  school,  of  those  whose  parents  are  too, 
poor  to  give  them  further  education,  and  to  send  him 
forward  to  one  of  the  grammar  schools,  of  which  twen- 
ty are  proposed  to  be  erected  in  different  parts  of  the 
country,  for  teaching  Greek,  Latin,  Geography  and  the 
higher  branches  of  numerical  arithmetic.  Of  the  boys 
thus  sent  in  one  year,  trial  is  to  be  made  at  the  gram-* 
mar  schools  one  or  two  years,  and  the  best  genius  of 
the  whole  selected,  and  continued  six  years,  and  the  re- 
sidue dismissed.  By  this  means  twenty  of  the  best 
geniusses  will  be  raked  from  the  rubbish  annually,  and 
be  instructed  at  the  public  expense,  so  far  as  the  gram- 
mar schools  go.  At  the  end  of  six  years  instruction, 
one  half  are  to  be  discontinued  (from  among  whom  the 
grammar  schools  will  probably  be  supplied  with  future 
masters) ;  and  the  other  half,  who  are  to  be  chosen  for 
the  superiority  of  their  parts  and  disposition,  are  to  be 
sent  and  continued  three  years  ip  the  study  of  such  sci- 
ences as  they  shall  choose,  at  William  and  Mary  college, 
the  plan  of  which  is  proposed  to  be  enlarged,  as  will  be 
hereafter  explained,  and  extended  to  all  the  useful  scjr 



Slices.     The  ultimate  result  of  the  whole  scheme  of 
education  would  be  the  teaching  all  the  children  of  the 
state  reading,  writing,  and  common  arithmetic  :  turn- 
ing out  ten  annually,  of  superior  genius,  well  taught  in 
Greek,  Latin,   Geography,  and  the  higher  branches  of 
arithmetic:  turning  out  ten  others  annually,  of  still  su- 
perior parts,  who,  to  those  branches  of  learning,  shall 
have    added  such  of  the  sciences  as  their  genius  shall 
have  led  them  to  :  the  furnishing  to  the  wealthier  part 
of  the  people  convenient  schools  at  which  their  chil- 
dren may  be  educated  at  their  own   expense.     The  ge- 
neral objects  of  this  Jaw   are  to   provide  an  education 
adapted  to  the  years,  to  the  capacity,  and  the  condition 
of  every  one,  and  directed  to  their  freedom   and  happi- 
ness,    Specific   details    were  not  proper  for   the  law. 
These  must  be  the  business  of  the  visitors  intrusted 
with  its  execution.     The  first   stage  of  this  education 
being  the   schools  of  the  hundreds,  wherein  the  great 
mass  of  the  people  will  receive  their  instruction,  the 
principal  foundations  of  future   order  will  be  laid  here. 
Instead  therefore  of  putting  the  Bible  and  Testament 
into  the  hands  of  the   children    at   an  age  when  their 
judgments  are  not  sufficiently  matured  for  religious  en- 
quiries, their  memories  may  here  be   stored  with  the 
most  useful  facts  from  Grecian,  Roman,  European  and 
American  history. — The  first  elements  of  morality  too 
may  be  instilled  into  their  minds  ;  such  as,  when  fur- 
ther developed  as  their  judgments  advance  in  strength, 
may  teach  them  how  to  work  out  their  own  greatest 
happiness,  by  showing  them  that  it  does  not  depend  on 
the  condition  of  life  in  which  chance  has  placed  them, 
but  is  always  the  result  of  a  good  conscience,  good 
health,  occupation,   and  freedom   in   all  just  pursuits. 
Those  whom  either  the  wealth  of  their  parents  or  the 
adoption  of  the  state  shall  destine  to  higher  degrees  of 
learning,  will  go  on  to  the  grammar  schools,  which  con- 
stitute the  next  stage,  there  to  be  instructed  in  the  lan- 
guages.    The  learning  Greek  and  Latin,  I  am  told,  is 
going  into  disuse  in  Europe.     I  know  not  what  their 
manners  and  occupations  may  call  for  :  but  it  would  be 


very  ill-judged  to  us  to  follow  their  example  in  this  in* 
stance.     There  is  a  certain  period  of  life,  say  from  eight 
to  fifteen  or  sixteen  years  of  age,  when  the  mind  like 
the  body  is  not  yet  firm  enough  for  laborious  and  close 
operations.     If  applied  to  such,  it  falls  an  early  victim 
to  premature  exertion  :  exhibiting,    indeed,  at   first,  in 
these  young  and  tender  subjects,  the  flattering  appear- 
ance of  their  being  men   while  they  are  yet  children, 
but  ending  in  reducing  them  to  be   children  when  they 
should  be  men.     The  memory  is  then  most  susceptible 
and  tenacious  of  impressions;  and  the  learning  of  lan- 
guages being  chiefly  a  work  of  memory,  it  seems  pre- 
cisely fitted  to  the  powers  of  this  period,  which  is  long 
enough  too  for  acquiring  the  most  useful  languages  an- 
cient and  modern.     I  do   not  pretend  that  language  is 
science.     It  is  only  an  instrument  for  the  attainment  of 
science.     But  that  time  is  not  lost  which  is  employed  in 
providing  tools  for  future  operation  :  more  especially  as 
in  this  case  the  books  put  into  the  hands  of  the  youth 
for  this  purpose  may  be  such  as   will  at  the  same  time 
impress  their   minds  with  useful  facts  and  good  princi- 
ples.    If  this  period  be  suffered  to  pass  in  idleness,  the 
mind  becomes   lethargic    and  impotent,  as   would  the 
body  it  inhabits  if  unexercised   during  the  same  time. 
The  sympathy  between  body  and  mind  during  their  rise, 
progress  and  decline,  is  too  strict  and  obvious  to  endan- 
ger our  being   missed  while  we  reason  from  the  one  to 
the  other.     As  soon  as  they  are  of  sufficient  age,  it  is 
supposed  they  will  be  sent  on  from  the  grammar  schools 
to  the  university,   which  constitutes  our  third  and  last 
stage,  there  to  study  those  sciences  which  may  be  adapt- 
ed to  their  views.     13y  that  part  of  our  plan  which  pre- 
scribes the  selection  of  the  youths  of  genius  from  among 
the  classes  of  the   poor,  we   hope  to  avail   the  state  of 
those  talents  which  nature  has  sown  as  liberally  among 
the  poor  as  the  rich,  but  which  perish  without  use,  if  not 
sought  for  and  cultivated.     But  of  the  views  of  this  law 
none  is  more  important,  none  more  legitimate,  than  that 
of  rendering  the  people  the  safe,  as  they  are  the  ulti- 
mate, guardians  of  their  own  liberty.     For  this  purposs 


the  reading  in  the  first  stage,  where  they  will  receive 
their  whole  education,  is  proposed,  as  has  been  said,  to 
be  chiefly  historical.  History  by  apprising  them  of  the 
past  will  enable  them  to  judge  of  the  future;  it  will 
avail  them  of  the  experience  of  other  times  and  other 
nations  ;  it  will  qualify  them  as  judges  of  the  actions 
and  designs  of  men  ;  it  will  enable  them  to  know  am- 
bition under  every  disguise  it  may  assume  ;  and  know- 
ing it,  to  defeat  its  views.  In  every  government  on 
earth  is  some  trace  of  human  weakness,  some  germ  of 
corruption  and  degeneracy,  Which  cunning  will  discov- 
er, and  wickedness  insensibly  open,  cultivate  and  im- 
prove. Every  government  degenerates  when  trusted 
to  the  rulers  of  the  people  alone.  The  people  them- 
selves therefore  are  its  only  safe  depositories.  And  to 
render  even  them  safe,  their  minds  must  be  improved 
to  a  certain  degree. — This  indeed  is  not  all  that  is  ne- 
cessary, though  it  be  essentially  necessary.  An  amende 
ment  of  our  constitution  must  here  come  in  aid  of  the 
public  education.  The  influence  over  government  must 
be  shared  among  all  the  people.  If  every  individual 
which  composes  their  mass  participates  of  the  ultimate 
authority,  the   government  will  be    safe  :  because    the 

ml   *  O  7 

corrupting  the  whole  mass  will  exceed  any  private  re* 
sources  of  wealth  :  and  public  ones  cannot  be  provided 
but  by  levies  on  the  people.  In  this  case  every  man 
would  have  to  pay  his  own  price.  The  government  of 
Great  Britain  has  been  corrupted,  because  but  one  man 
in  ten  has  a  right  to  vote  for  members  of  parliament. 
The  sellers  of  the  government  therefore  get  nine-tenths 
of  their  price  clear.  It  has  been  thought  that  corrup- 
tion is  restrained  by  confining  the  right  of  suffrage  to  a 
few  of  the  wealthier  of  the  people  :  but  it  Would  be 
more  effectually  restrained  by  an  extension  of  that  right 
to  such  numbers  as  would  bid  defiance  to  the  means  of 

Lastly,  it  is  proposed,  by  a  bill  in  this  revisal,  to  be- 
gin a  public  library  and  gallery,  by  laying  out  a  certain 
sum  annually  in  books,  paintings,  and  statues* 



The  colleges  and  public  establishments,  the  roads', 
buildings,  &c.  ? 

The   college  of  William  and  Mary  is  the  only  public 
seminary  of  learning  in  this  state.    It  was  founded  in  the 
time  of  king  William  and  queen  Mary,  who  granted  to  it 
20,000  acres  of  land,  and  a  penny  a  pound  duty  on  certain 
tobaccoes  exported  from  Virginia  and  Maryland,  which 
had  been  levied  by   the  statute  of  25  Car.  II.     The  as- 
sembly also  gave   it,    by    temporary   laws,  a  duty  on  li- 
quors imported,  and  skins  and  furs  exported.     From 
these  resources  it  received  upwards  of  3000/.communi- 
bus  annis.     The  buildings  are  of  brick,  sufficient  for  an 
indifferent  accommodation  of  perhaps  an  hundred  stu- 
dents.    By  its  charter  it  was   to   be  under  the  govern- 
ment of  twenty  visitors,  who  were  to  be  its  legislators, 
and  to  have  a  president  and  six  professors,  who  were 
incorporated.     It  was  allowed  a  representative  in  the 
general  assembly.     Under  this  charter,  a  professorship 
of  the  Greek  and   Latin   languages,  a  professorship  of 
mathematics,  one  of  moral    philosophy,  and  two  of  di- 
vinity were  established.     To  these  were  annexed,  for  a 
sixth    professorship,    a   considerable    donation   by   Mr. 
Boyle  of  England,  for  the  instruction   of  the  Indians, 
and  their  conversion  to  Christianity.     This  was  called 
the  professorship  of  BrafTerton,  from  an  estate  of  that 
name  in   England,   purchased  with  the  moneys  given. 
The  admission  of  the  learners  of  Latin  and  Greek  filled 
the  college  with   children.     This  rendering  it  disagree- 
able and  degrading  to  young  gentlemen  already  prepar- 
ed for  entering  on  the  sciences,  they  were  discouraged 
from  resorting  to  it,  and  thus  the  schools  for  mathemat- 
ics and  moral  philosophy,  which    might  have   been   of 
some  Bervice,  became  of  very  little.     The  revenues  too 
wrere  exhausted  in  accommodating  those  whocame  on- 
ly t'»  acquire  the  rudiments  of  science. — After  the  pre- 
sent revolution,  the  visitors,  having  no  power  to  change 
those  circumstances  in  the  continuation  of  the  college 



which  was  fixed  by  the  charter,  and  being  therefore 
confined  in  the  number  of  professorships,  undertook  to 
change  the  objects  of  the  professorships.  They  exclud- 
ed the  two  schools  for  divinity,  and  that  for  the  Greek 
and  Latin  languages,  and  substituted  others  ;  so  that  at 
present  they  stand  thus  : 

A  Professorship  for  Law  and  Police; 
Anatomy  and  Medicine  : 
Natural  Philosophy  and  Mathematics: 
Moral  Philosophy,  the  Law  of  Nature  and   Na- 
tions, the  Fine  Arts  : 
Modern  Languages  : 
For  the  Brafferton. 

And  it  is  proposed,  so  soon  as  the  legislature  shall 
have  leisure  to  take  up  this  subject,  to  desire  authority 
from  them  to  increase  the  number  of  professorships,  as 
well  for  the  purpose  of  subdividing  those  already  insti- 
tuted, as  of  adding  others  for  other  branches  of  science. 
To  the  professorships  usually  established  in  the  uni- 
versities of  Europe,  it  would  seem  proper  to  add  one 
for  the  ancient  languages  and  literature  of  the  North, 
on  the  account  of  their  connexion  with  our  own  lan- 
guage, laws,  customs,  and  history.  The  purposes  of 
the  Brafferton  institution  would  be  better  answered  by 
maintaining  a  perpetual  mission  among  the  Indian 
tribes,  the  object  of  which,  besides  instructing  them  in 
the  principles  of  Christianity,  as  the  founder  requires, 
should  be  to  collect  their  traditions,  laws,  customs,  lan- 
guages, and  other  circumstances  which  might  lead  to 
a  discovery  of  their  relation  with  one  another,  or  de- 
scent from  other  nations.  When  these  objects  are  ac- 
complished with  one  tribe,  missionary  might  pass  on 
to  another. 

The  roads  are  under  the  government  of  the  county 
courts,  subject  to  be  controlled  by  the  general  court. 
They  order  new  roads  to  be  opened  wherever  they 
think  them  necessary.  The  inhabitants  of  the  county 
are  by  them  laid  off  into  precincts,  to  each  of  which 


they  allot  a  convenient  portion  of  the  public  roads  to 
be  kept  in  repair.  Such  bridges  as  may  be  built  with- 
out the  assistance  of  artificers,  they  are  to  build.  If 
the  stream  be  such  as  to  require  a  bridge  of  regular 
workmanship,  the  court  employs  workmen  to  build  it, 
at  the  expense  of  the  whole  county.  If  it  be  too  great 
for  the  county,  application  is  made  to  the  general  as- 
sembly, who  authorise  individuals  to  build  it,  and  to 
take  a  fixed  toll  from  all  passengers,  or  give  sanction 
to  such  other  proposition  as  to  them  appears  reason- 

Ferries  are  admitted  only  at  such  places  as  are  par- 
ticularly pointed  out  by  law,  and  the  rates  of  ferriage 
are  fixed. 

Taverns  are  licensed  by  the  courts,  who  fix  their 
rates  from  time  to  time. 

The  private  buildings  are  very  rarely  constructed  of 
stone  or  brick  ;  much  the  greatest  portion  being  of 
scantling  and  boards,  plastered  with  lime.  It  is  impos- 
sible to  devise  things  more  ugly,  uncomfortable,  and  hap- 
pily more  perishable.  There  are  two  or  three  plans, 
on  one  of  wiiich,  according  to  its  size,  most  of  the 
houses  in  the  state  are  built.  The  poorest  people  build 
huts  of  logs,  laid  horizontally  in  pens,  stopping  the  in- 
terstices with  mud.  These  are  warmer  in  winter,  and 
cooler  in  summer,  than  the  more  expensive  construction 
of  scantling  and  plank.  The  wealthy  are  attentive  to 
the  raising  of  vegetables,  but  very  little  so  to  fruits. 
The  poorer  people  attend  to  neither,  living  principally 
on  milk  and  animal  diet.  This  is  the  more  inexcusable, 
as  the  climate  requires  indispensably  a  free  use  of  veg- 
etable food,  for  health  as  well  as  comfort,  and  is  very 
friendly  to  the  raising  of  fruits.  The  only  public  build- 
ings worthy  mention  are  the  capital,  the  palace,  the 
college,  and  the  hospital  for  lunatics,  all  of  them  in  Wil- 
liamsburgh,  heretofore  the  seat  of  our  government.  The 
capital  is  a  light  and  airy  structure,  with  a  portico  in  front 
of  two  orders,  the  lower  of  which,  being  Doric,  is 
tolerably  just  in  its  proportions  and  ornaments,  save 
only  that  the  intercolonations  are  too  large.     The  up- 


per  is  Ionic,  much  too  small  for  that  on  which  it  is 
mounted,  ils  ornaments  not  proper  to  the  order,  nor 
proportioned  within  themselves.  It  is  crowned  with  a 
pediment,  which  is  too  high  for  its  span.  Yet,  on  the 
whole,  it  is  the  most  pleasing  piece  of  architecture  we 
have.  The  palace  is  not  handsome  without:  but  it  is 
spacious  and  commodious  within,  is  prettily  situated, 
and  with  the  grounds  annexed  to  it,  is  capable  of  being 
made  an  elegant  seat.  The  college  and  hospital  are 
rude,  misshapen  piles,  which,  but  that  they  have  roofs, 
would  be  taken  for  brick-kilns.  There  are  no  other 
public  buildings  but  churches  and  court  houses,  in 
which  no  attempts  are  made  at  elegance.  Indeed  it 
would  not  be  easy  to  execute  such  an  attempt,  as  a 
workman  could  scarcely  be  found  capable  of  drawing 
an  order.  The  genius  of  architecture  seems  to  have 
shed  its  maledictions  over  this  land.  Buildings  are 
often  erected,  by  individuals,  of  considerable  expense. 
To  give  these  symmetry  and  taste  would  not  increase 
their  cost. — It  would  only  change  the  arrangement  of 
the  materials,  the  form  and  combination  of  the  mem- 
bers.— This  would  often  cost  less  than  the  burthen  of 
barbarous  ornaments  with  which  these  buildings  are 
sometimes  charged.  But  the  first  principles  of  the  art 
are  unknown,  and  there  exists  scarcely  a  model  among 
us  sufficiently  chaste  to  give  an  idea  of  them.  Archi- 
tecture being  one  of  the  fine  arts,  and  as  such  within 
the  department  of  a  professor  of  the  college,  according 
to  the  new  arrangement,  perhaps  a  spark  may  fall  on 
some  young  subjects  of  natural  taste,  kindle  up  their 
genius,  and  produce  a  reformation  in  this  elegant  and 
useful  art.  But  all  we  shall  do  in  this  way  will  pro- 
duce no  permanent  improvement  to  our  country,  while 
the  unhappy  prejudice  prevails  that  houses  of  brick  or 
stone  are  less  wholesome  than  those  of  wood.  A  dew 
is  often  observed  on  the  walls  of  the  former  in  rainy 
weather,  and  the  most  obvious  solution  is,  that  the  rain 
has  penetrated  through  these  walls.  The  following 
facts,  however,  are  sufficient  to  prove  the  error  of  this 
solution. — 1.  This  dew  upon  the  walls  appears  wheu 


.there  is  no  rain,  if  the  state  of  the  atmosphere  be  moist. 
2.  It  appears  on  the  partition  as  well  as  the  exterior 
walls.  3.  So  also  on  pavements  of  brick  or  stone. 
4.  It  is  more  copious  in  proportion  as  the  walls  are 
thicker ;  the  reverse  of  which  ought  to  be  the  case,  if 
this  hypothesis  were  just.  If  cold  water  be  poured  in- 
to a  vessel  of  stone,  or  <rlass,  a  dew  forms  instantly  on 
the  outside  :  but  if  it  be  poured  into  a  vessel  of  wood, 
there  is  no  such  appearance.  It  is  not  supposed,  in  the 
first  case,  that  the  water  has  exuded  through  the  glass, 
but  that  it  is  precipitated  from  the  circumambient  air  ; 
as  the  humid  particles  of  vapour,  passing  from  the  boil- 
er of  an  alembic  through  its  refrigerant,  are  precipi- 
tated from  the  air,  in  which  they  are  suspended,  on  the 
internal  surface  of  the  refrigerant. — Walls  of  brick  or 
stone  act  as  the  refrigerant  in  this  instance.  They  are 
sufficiently  cold  to  condense  and  precipitate  the  mois- 
ture suspended  in  the  air  of  the  room,  when  it  is  heavi- 
ly charged  therewith.  But  walls  of  wood  are  not  so. 
The  question  then  is,  whether  air  in  which  this  mois- 
ture is  left  floating,  or  that  which  is  deprived  of  it,  be 
most  wholesome?  In  both  cases  the  remedy  is  easy. 
A  little  fire  kindled  in  the  room,  whenever  the  air  is 
damp,  prevents  the  precipitation  on  the  walls:  and  this 
practice,  found  healthy  in  the  warmest  as  well  as  cold- 
est seasons  is  as  necessary  in  a  wooden  as  in  a  stone 
or  brick  house.  I  do  not  mean  to  say,  that  the  rain 
never  penetrates  through  walls  of  brick.  On  the  con- 
trary I  have  seen  instances  of  it.  But  with  us  it  is  only 
through  the  northern  and  eastern  walls  of  the  house, 
after  a  north-easterly  storm,  these  being  the  only  ones 
which  continue  long  enough  to  force  through  the  walls. 
— This  however  happens  too  rarely  to  give  a  just  cha- 
racter of  unwholesomeness  to  such  houses.  In  a  house, 
the  walls  of  which  arc  of  well  burnt  brick  and  good 
mortar,  I  have  seen  the  rain  penetrate  through  but 
twice  in  a  dozen  or  fifteen  years.  The  inhabitants  of 
Europe  who  dwell  chielly  in  houses  of  stone  or  brick, 
are  surely  as  healthy  as  those  of  Virginia.  These 
houses  have  the  advantago   too  of  being  warmer  iu 



winter  and  cooler  in  summer  than  those  of  wood  ;  of 
being  cheaper  in  their  first  construction,  where  lime  is 
convenient,  and  infinitely  more  durable.  The  latter 
consideration  renders  it  of  great  importance  to  eradi- 
cate this  prejudice  from  the  minds  of  our  countrymen. 
A  country  whose  buildings  are  of  wood,  can  never  in- 
crease in  its  improvements  to  any  considerable  degree. 
Their  duration  is  highly  estimated  at  50  years.  Every 
half  century  then  our  country  becomes  a  tabula  rasa, 
whereon  we  have  to  set  out  anew,  as  in  the  first  mo- 
ment of  seating  it.  Whereas  when  buildings  are  of 
durable  materials,  every  new  edifice  is  an  actual  and 
permanent  acquisition  to  the  state,  adding  to  its  value 
as  well  as  to  its  ornament. 


The  measures  taken  with  regard  to  the  estates  and 
possessions  of  the  rebels,  commonly  called  tories  ? 

A  tory  has  been  properly  defined  to  be  a  traitor  in 
thought  but  not  in  deed.  The  only  description,  by 
which  the  laws  have  endeavoured  to  come  at  them,  was 
that  of  nonjurors,  or  persons  refusing  to  take  the  oath 
of  fidelity  to  the  state.  Persons  of  this  description 
were  at  one  time  subjected  to  double  taxation,  at  an- 
other to  treble,  and  lastly  were  allowed  retribution,  and 
placed  on  a  level  with  good  citizens.  It  may  be  men- 
tioned as  a  proof  both  of  the  lenity  of  our  government, 
and  unanimity  of  its  inhabitants,  that  though  this  war 
has  now  raged  near  seven  years,  not  a  single  execution 
for  treason  has  taken  place. 

Under  this  query  I  will  state  the  measures  which 
have  been  adopted  as  to  British  property,  the  owners  of 
which  stand  on  a  much  fairer  footing  than  the  tories. 
By  our  laws,  the  same  as  the  English  in  this  respect 
no  alien  can  hold  lands,  nor  alien  enemy  maintain  an 
action  for  money,  or  other  moveable  thing.  Lands  ac- 
quired or  held  by  aliens  become  forfeited  to  the  state  ; 


and,  on  an  action  by  an  alien  enemy  to  recover  money, 
or  other  moveable   property,  the  defendant  may  plead 
that  he  is  an  alien  enemy.     This  extinguishes  his  right 
in  the  hands  of  the  debtor  or  holder  of  his  moveable 
property.     By  our  separation   from  Great  Britain,  Bri- 
tish subjects   became    aliens,    and    being   at   war,  they 
were  alien  enemies.     Their  lands  were  of  course  for- 
feited, and   their  debts    irrecoverable.     The    assembly 
however  passed  laws,  at  various  times,  for  saving  their 
property.     They  first  sequestered   their    lands,    slaves, 
and  other  property  on  their  farms  in  the  hands  of  com- 
missioners, who  were  mostly  the  confidential  friends  or 
agents  of  the  owners,  and  directed  their  clear  profits  to 
be  paid   into  the  treasury  :  and  they  gave   leave  to  all 
persons  owing  debts  to   British   subjects  to   pay  them 
also   into  the  treasury.     The  moneys  so  to  be  brought 
in  were  declared  to  remain  the  property  of  the  British 
subject,  and,  if  used  by  the  state,  were  to  be  repaid, 
unless   an    improper  conduct  in  Great   Britain  should 
render  a  detention  of  it  reasonable.     Depreciation  had 
at  that  time,  though  unacknowledged  and  unperceived 
by    the   whigs,    began   in    some    small    degree.     Great 
sums  of  money  were  paid  in  by  debtors.     At  a  later 
period,  the   assembly,   adhering  to  the  political  princi- 
ples which  forbid  an  alien   to  hold  lands  in  the  state  ; 
ordered  all  British  property  to  be  sold  :  and,  become 
sensible  of  the  real  progress  of  depreciation,  and  of  the 
losses  which  would  thence  occur,  if  not  guarded  against, 
they  ordered  that  the  proceeds  of  the  sales  should  be 
converted  into  their  then  worth  in   tobacco,  subject  to 
the  future  direction  of  the  legislature.     This  act  has 
left  the  question  of  retribution  more  problematical.     In 
May   1780,  another  act  took    away  the  permission  to 
pay  into  the  public  treasury  debts  due  to  British  sub- 



The  different  religions  received  into  that  state  ? 

The  first  settlers  in  this  country  were  emigrants  from 
England,  of  the  English  church,  just  at  a  point  of  time 
when   it  was  flushed   with  complete  victory  over  the 
religious  of  all  other  persuasions.     Possessed,  as  they 
became,  of  the   powers   of  making,  administering,  and 
executing  the  laws,  they   showed   equal  intolerance  in 
this   country  with  the  Presbyterian  brethren,  who  had 
emigrated    to    the    northern    government.     The    poor 
Quakers    were   flying    from    persecution   in    England. 
They  cast  their  eyes  on  these  new  countries  as  asylums 
of  civil   and   religious   freedom  ;  but  they  found  them 
free   only  for  the   reigning   sect.     Several   acts  of  the 
Virginia  assembly  of  1659,  1GG2  and  1GD3,  had  made  it 
penal  in    parents  to   refuse  to  have   their  children   bap- 
tized ;  had  prohibited  the  unlawful  assembling  of  Qua- 
kers ;  had  made  it  penal  for   any  master  of  a  vessel  to 
bring  a  Quaker  into  the  state  ;  had  ordered  those  al- 
ready here,  and  such  as  should   come  thereafter,  to  be 
imprisoned   till   they   should  abjure   the   country  ;  pro- 
vided  a   milder  punishment  for  their  first  and  second 
return,  but  death  for  their  third  ;  had  inhibited  all  per- 
sons from    suffering   their  meetings   in   or    near   their 
houses,  entertaining  them  individually,  or  disposing  of 
books   which   supported  their  tenets.     If  no  execution 
took   place   here,   as   did  in   New-England,  it  was  not 
owing  to  the  moderation  of  the  church,  or  spirit  of  the 
legislature,  as  may  be  inferred  from  the  law  itself;  but 
to  historical  circumstances  which  have  not  been  handed 
down  to  us.     The  Anglicans  retained  full  possession  of 
the  country  about  a   century.     Other  opinions  began 
then  to  creep  in,  and  the  great  care  of  the  government 
to  support  their  own  church,  having  begotten  an  equal 
degree  of  indolence  in  its  clergy,  two  thirds  of  the  peo- 
ple had   become  dissenters  at  the  commencement  of 
the   present   revolution.     The  laws   indeed  were  still 
oppressive  on  them,   but  the  spirit  of  the  one  party 


had  subsided  into  moderation,  and  of  the  other  had 
risen  to  a  degree  of  determination  which  commanded 

The  present  state  of  our  laws  on  the  subject  of  re- 
ligion is  this.  The  convention  of  May  1776,  in  their 
declaration  of  rights,  declared  it  to  be  a  truth,  and  a 
natural  right,  that  the  exercise  of  religion  should  be 
free  ;  but  when  they  proceeded  to  form  on  that  de- 
claration the  ordinance  of  government,  instead  of  tak- 
ing up  every  principle  declared  in  the  bill  of  rights, 
and  guarding  it  by  legislative  sanction,  they  passed 
over  that  which  asserted  our  religious  rights,  leaving 
them  as  they  found  them.  The  same  convention,  how- 
ever, when  they  met  as  a  member  of  the  general  as- 
sembly in  October  177G,  repealed  all  acts  of  parliament 
which  had  rendered  criminal  the  maintaining  any  opi- 
nions in  matters  of  religion,  the  forbearing  to  repair  to 
church,  and  the  exercising  any  mode  of  worship  ;  and 
suspended  the  laws  giving  salaries  to  the  clergy,  which 
suspension  was  made  perpetual  in  October  1779.  Sta- 
tutory oppressions  in  religion  being  thus  wiped  away, 
we  remain  at  present  under  those  only  imposed  by  the 
common  law,  or  by  our  own  acts  of  assembly.  At  the 
common  law,  heresy  was  a  capital  offence,  punishable 
by  burning.  Its  definition  was  left  to  the  ecclesiasti- 
cal judges,  before  whom  the  conviction  was,  till  the 
statute  of  the  i  El.  c.  1.  circumscribed  it,  by  declaring, 
that  nothing  should  be  deemed  heresy,  but  what  had 
been  so  determined  by  authority  of  the  canonical  scrip- 
tures, or  by  one  of  the  four  first  general  councils,  or  by 
other  council  having  for  the  grounds  of  their  declara- 
tion the  express  and  plain  words  of  the  scriptures. 
Heresy,  thus  circumscribed,  being  an  offence  at  the 
common  law,  our  act  of  assembly  of  October  1777,  c. 
17.  gives  cognizance  of  it  to  the  general  court,  by  de- 
claring, that  the  jurisdiction  of  that  court  shall  In-  ge- 
neral in  all  matters  at  the  common  law.  The  execu- 
tion is  by  tho  writ  De  hmretico  comburendo.  By  our 
own  act  of  assembly  ol*  1 70."),  c.  30.  if  a  person  brought 
up  in  the  Christian  religion  denies  the  being  of  a  God,  or 


the  Trinity,  or  asserts  there  are  more  gods  than  one, 
or  denies  the  Christian  religion  to  he  true,  or  the  scrip- 
tures to  he  of  divine  authority,  he  is  punishable  on  the 
first  offence  by  incapacity  to  hold  any  office  or  em- 
ployment ecclesiastical,  civil,  or  military  ;  on  the  se- 
cond by  disability  to  sue,  to  take  any  gift  or  legacy,  to 
be  guardian,  executor,  or  administrator,  and  by  three 
years  imprisonment  without  bail.  A  father's  right  to 
the  custody  of  his  own  children  being  founded  in  law 
on  his  right  of  guardianship,  this  being  taken  away, 
they  may  of  course  be  severed  from  him,  and  put  by 
the  authority  of  a  court,  into  more  orthodox  hands. 
This  is  a  summary  view  of  that  religious  slavery,  un- 
der which  a  people  have  been  willing  to  remain,  who 
have  lavished  their  lives  and  fortunes  for  the  establish- 
ment of  their  eivil  freedom.*  The  error  seems  not 
sufficiently  eradicated,  that  the  operations  of  the  mind, 
as  well  as  the  acts  of  the  body,  are  subject  to  the  coer- 
cion of  the  laws. — But  our  rulers  can  have  no  authority 
over  such  natural  rights,  only  as  we  have  submitted  to 
them. — The  rights  of  conscience  we  never  submitted, 
we  could  not  submit.  We  are  answerable  for  them  to 
our  God.  The  legitimate  powers  of  government  ex- 
tend to  such  acts  only  as  are  injurious  to  others. — But 
it  does  me  no  injury  for  my  neighbour  to  say  there  are 
twenty  gods,  or  no  God.  It  neither  picks  my  pocket 
nor  breaks  my  leg.  If  it  be  said,  his  testimony  in  a 
court  of  justice  cannot  be  relied  on,  reject  it  then,  and 
be  the  stigma  on  him.  Constraint  may  make  him 
worse  by  making  him  a  hypocrite,  but  it  will  never 
make  him  a  truer  man.  It  may  fix  him  obstinately  in 
his  errors,  but  will  not  cure  them.  Reason  and  free 
enquiry  are  the  only  effectual  agents  against  error. 
Give  a  loose  to  them,  they  will  support  the  true  reli- 
gion, by  bringing  every  false  one  to  their  tribunal,  to 
the  test  of  their  investigation. — They  are  the  natural 
enemies  of  error,  and  of  error  only.  Had  not  the  Ro- 
man government  permitted  free  enquiry,  Christianity 

*  Furneaux  passim. 


could  never  have  been  introduced.  Had  not  free  en- 
quiry been  indulged  at  the  sera  of  the  reformation,  the 
corruptions  of  Christianity  could  not  have  been  purg- 
ed away.  If  it  be  restrained  now,  the  present  cor- 
ruptions will  be  protected  and  new  ones  encouraged. 
Was  the  government  to  prescribe  to  us  our  medicine 
and  diet,  our  bodies  would  be  in  such  keeping  as  our 
souls  are  now.  Thus  in  France  the  emetic  was  once 
forbidden  as  a  medicine,  and  the  potato  as  an  article 
of  food.  Government  is  just  as  infallible  too  when  it 
fixes  systems  in  physics.  Galileo  was  sent  to  the  In- 
quisition for  affirming  that  the  earth  was  a  sphere  :  the 
government  had  declared  it  to  be  as  flat  as  a  trencher, 
and  Galileo  was  obliged  to  abjure  his  error.  This  er- 
ror however  at  length  prevailed,  the  earth  became  a 
globe,  and  Descartes  declared  it  was  whirled  round 
its  axis  by  a  vortex.  The  government  in  which  he 
lived  was  wise  enough  to  see  that  this  was  no  ques- 
tion of  civil  jurisdiction,  or  we  should  all  have  been 
involved  by  authority  in  vortices.  In  fact,  the  vorti- 
ces have  been  exploded,  and  the  Newtonian  principle 
of  gravitation  is  now  more  firmly  established,  on  the 
basis  of  reason,  than  it  would  be  were  the  govern- 
ment to  step  in,  and  to  make  it  an  article  of  necessary 
faith.  Reason  and  experiment  have  been  indulged, 
and  error  has  fled  before  them.  It  is  error  alone 
which  needs  the  support  of  government.  Truth  can 
stand  by  itself.  Subject  opinion  to  coercion:  whom 
will  you  make  your  inquisitors  ?  Fallible  men  ;  men 
governed  by  bad  passions,  by  private  as  well  as  public 
reasons.  And  why  subject  it  to  coercion  ?  To  produce 
uniformity.  But  is  uniformity  of  opinion  desirable? 
No  more  than  of  face  and  stature.  Introduce  the  bed 
of  Procrustes,  then,  and  as  there  is  danger  that  the 
large  men  may  beat  the  small,  make  us  all  of  a  size, 
by  lopping  the  former  and  stretching  the  latter.  Dif- 
ference of  opinion  is  advantageous  in  religion.  The 
several  sects  perform  the  office  of  a  censor  morvm  over 
each  other.  Is  uniformity  attainable  ?  Millions  of  in- 
nocent men,  women,  and  children,  since  the  introduc- 


t.iou  of  Christianity,  have  been  burnt,  tortured,  finedj 
imprisoned  ;  yet  we  have  not  advanced  one  inch  to- 
wards uniformity.  What  has  been  the  effect  of  coer- 
cion ?  To  make  one  half  the  world  fools,  and  the  other 
half  hypocrites.  To  support  roguery  and  error  all 
over  the  earth.  Let  us  reflect  that  it  is  inhabited  by 
a  thousand  millions  of  people.  That  these  profess 
probably  a  thousand  different  systems  of  religion.  That 
ours  is  hut  one  of  that  thousand.  That  if  there  be  but 
one  right,  and  ours  that  one,  we  should  wish  to  see  the 
999  wandering  sects  gathered  into  the  fold  of  truth. 
But  against  such  a  majority  we  cannot  effect  this  by 
force.  Reason  and  persuasion  are  the  only  practicable 
instruments.  To  make  way  for  these,  free  enquiry 
must  be  indulged  ;  and  how  can  we  wish  others  to  en- 
dulge  it  while  we  refuse  it  ourselves.  But  every  state, 
.«ays  an  inquisitor,  has  established  some  religion.  No 
two,  say  I,  have  established  the  same.  Is  this  a  proof 
of  the  infallibility  of  establishments?  Our  sister  states 
of  Pennsylvania  and  New-York,  however,  have  long 
subsisted  without  any  establishment  at  all.  The  ex- 
periment was  new  and  doubtful  when  they  made  it. 
It  has  answered  beyond  conception. — They  flourish 
infinitely.  Religion  is  well  supported  ;  of  various  kinds, 
indeed,  but  all  good  enough  ;  all  sufficient  to  preserve 
peace  and  order  :  or  if  a  sect  arises,  whose  tenets  would 
subvert  morals,  good  sense  has  fair  play,  and  reasons 
and  laughs  it  out  of  doors,  without  suffering  the  state 
to  be  troubled  with  it. — They  do  not  hang  more  male- 
factors than  we  do. — They  are  not  more  disturbed  with 
religious  dissensions  than  we  are.  On  the  contrary,  their 
harmony  is  unparalleled,  and  can  be  ascribed  to  no- 
thing but  their  unbounded  toleiance,  because  there  is  no 
other  circumstance  in  which  they  differ  from  every 
nation  on  earth. — They  have  made  the  happy  disco- 
very, that  the  way  to  silence  religious  disputes,  is  to 
take  no  notice  of  them.  Let  us  too  give  this  experi- 
ment fair  play,  and  get  rid,  while  we  may,  of  those 
tyrannical  laws.  It  is  true,  we  are  as  yet  secured 
against  them  by  the  spirit  of  the  times.     I  doubt  whe- 


ther  the  people  of  this  country  would  suffer  an  execu- 
tion for  heresy,  or  a  three  years  imprisonment  for  not 
comprehending  the  mysteries  of  the  Trinity.  But  is 
the  spirit  of  the  people  an  infallible,  a  permanent  re- 
liance? Is  it  government?  Is  this  the  kind  of  protec- 
tion we  receive  in  return  for  the  rights  we  give  up  ? 
Besides  the  spirit  of  the  times  may  alter,  will  alter. 
Uur  rulers  will  become  corrupt,  our  people  careless. 
A  single  zealot  may  commence  persecutor,  and  better 
men  be  his  victims.  It  can  never  be  too  often  re- 
peated, that  the  time  for  fixing  every  essential  right  on 
a  legal  basis  is  while  our  rulers  are  honest,  and  our- 
selves united.  From  the  conclusion  of  this  war  we 
shall  be  going  down  hill.  It  will  not  then  be  necessa- 
ry to  resort  every  moment  to  the  people  for  support. 
Ihey  will  be  forgotten,  therefore,  and  their  rights  dis- 
regarded. They  will  forget  themselves,  but  in  the  sole 
laculty  of  making  money,  and  will  never  think  of  unit- 
ing to  effect  a  due  respect  for  their  rights.  The 
shackles,  therefore,  which  shall  not  be  knocked  off  at 
the  conclusion  of  this  war,  will  remain  on  us  long,  will 
be  made  heavier  and  heavier,  till  our  rights  shall  re- 
vive or  expire  in  a  convulsion. 


The  particular  customs  and  manners  that  may  hap- 
pen to  be  received  in  that  state  ? 

It  is  difficult  to  determine  on  the  standard  by  which 
the  manners  of  a  nation  may  be  tried,  whether  catholic, 
or  particular.  It  is  more  difficult  for  a  native  to  bring  to 
that  standard  the  manners  of  his  own  nation,  familiar- 
ized to  him  by  habit.  There  must  doubtless  be  an  un- 
happy influence  on  the  manners  of  our  people  produced 
by  the  existence  of  slavery  among  us.  The  whole  com- 
merce between  master  and  slave  is  a  perpetual  exer- 
cise of  the  most  boisterous  passions,  the  most  unremit- 



ting  despotism  on  the  one  part,  and  degrading  submis- 
sions on  the  other.     Our  children  see  this,  and  learn  to 
imitate  it  ;  for  man  is  an  imitative  animal.     This  quali- 
ty is  the  germ  of  all  education  in  him.     From  his  cradle 
to  his  grave  he  is  learning  to  do  what  he  sees  others  do. 
If  a  parent  could  find  no  motive   either  in  his  philan- 
thropy or  his  self  love,  for  restraining  the  intemperance 
of  passion  towards  his  slave,  it  should  always  be  a  suf- 
ficient one  that  his  child  is  present.     But  generally  it  is 
not  sufficient.     The  parent  storms,  the  child  looks  on, 
catches  the  lineaments  of  wrath,  puts  on  the  same  airs 
in  the  circle  of  smaller  slaves,  gives  a  loose  to  the  worst 
of  passions,  and  thus  nursed,  educated,  and  daily  exer- 
cised in   tyranny,  cannot  but   be  stamped  by   it  with 
odious  peculiarities.     The  man  must  be  a  prodigy  who 
can  retain  his  manners  and  morals  undepraved  by  such 
circumstances.     And  with  what  execration  should  the 
statesman  be  loaded,  who  permitting  one  half  the  citi- 
zens thus  to  trample  on  the  rights  of  the   other,  trans- 
forms those  into   despots,  and  these  into  enemies,  des- 
troys the  morals  of  the  one  part,  and  the   amor  patriae 
of  the  other.     For  if  a  slave  can  have  a  country  in  this 
world,  it  must  be  any  other  in   preference  to  that  in 
which   he  is  born  to  live  and   labour  lor  another  ;  in 
which  he  must  lock  up  the  faculties  of  his  nature,  con- 
tribute as  far   as  depends  on    his  individual  endeavours 
to   the   evauishment  of  the   human  race,  or  entail  his 
own    miserable   condition   on   the    endless   generations 
proceeding  from  him.     With  the  morals  of  the  people, 
their  industry  also  is  destroyed.     For  in  a   warm  cli- 
mate, no  man   will  labour  for  himself  who  can  make 
another  labour  for   him.     This  is  so  true,  that  of  the 
proprietors  of  slaves  a  very  small  proportion  indeed  are 
ever  seen  to  labour.     And  can  the  liherties  of  a  nation 
be   thought  secure  when  we  have  removed  their  only 
firm  basis,  a  conviction  in  the  minds  of  the  people  that 
these  liberties  are  of  the  gift  of  God  ?     That  they  are 
not  to  be  violated  but  with  his  wrath  ?     Indeed  I  trem- 
ble for  my  country  when  I  reflectthat  God  is  just:  that 
his  justice  Gannot  sleep  for  ever :  that  considering  nura- 


bers,  nature  and  natural  means  only,  a  revolution  of 
the  wheel  of  fortune,  an  exchange  of  situation  is  among 
possible  events  :  that  it  may  become  probable  by  su- 
pernatural interference  !  The  almighty  has  no  attri- 
bute which  can  take  side  with  us  in  such  a  contest.—- 
But  it  is  impossible  to  be  temperate  and  to  pursue  this 
subject  through  the  various  considerations  of  policy, 
of  morals,  of  history  natural  and  civil.  We  must  be 
contented  to  hope  they  will  force  their  way  into  every 
one's  mind.  I  think  a  change  already  perceptible,  since 
the  origin  of  the  present  revolution.  The  spirit  of  the 
master°is  abating,  that  of  the  slave  rising  from  the  dust, 
his  condition  mollifying,  the  way  I  hope  preparing,  un- 
der the  auspices  of  heaven,  for  a  total  emancipation, 
and  that  this  is  disposed,  in  the  order  of  events,  to  be 
with  the  consent  of  the  masters,  rather  than  by  their 


The  present  state  of  manufactures,  commerce,  inte- 
rior and  exterior  trade  ? 

We  never  had  an  interior  trade  of  any  importance. 
Our  exterior  commerce  has  suffered  very  much  from 
the  beginning  of  the  present  contest.  During  this  time 
we  have  manufactured  within  our  families  the  most 
necessary  articles  of  clothing.  Those  of  cotton  will 
bear  some  comparison  with  the  same  kinds  of  manu- 
facture in  Europe  ;  but  those  of  wool,  flax  and  hemp 
are  very  coarse,  unsightly,  and  unpleasant :  and  such 
is  our  attachment  to  agriculture,  and  such  our  prefer- 
ence for  foreign  manufactures,  that  be  it  wise  or  un- 
wise, our  people  will  certainly  return  as  soon  as  they 
can,  to  the  raising  raw  materials,  and  exchanging  them 
for  finer  manufactures  than  they  are  able  to  execute 

The  political  (economists  of  Europe  have  established 
it  as  a  principle  that  every  state  should  endeavour  to  ma- 


nnfacture  for  itself:  and  this  principle,  like  many  others, 
we  transfer  to  America,  without  calculating  the  differ- 
ence of  circumstance  which  should  often  produce  a  dif- 
ference of  result.     In  Europe  the  lands  are  either  cul- 
tivated, or  locked  up  against  the  cultivator.     Manufac- 
ture must  therefore  be  resorted   to  of  necessity  not  of 
choice,  to  support  the  surplus  of  their  people.     But  we 
have  an  immensity  of  land  courting  the  industry  of  the 
husbandman.      Is   it    best   then   that    all    our   citizens 
should   be  employed  in   its  improvement,  or  that  one 
half  should  be  called  off  from  that  to  exercise  manufac- 
tures and  handicraft  arts  for  the  other?     Those  who 
labour  in  the  earth   are  the  chosen  people  of  God,   if 
ever   he   had   a  chosen  people,  whose  breasts  he  has 
made  his  peculiar  deposite  for  substantial  and  genuine 
virtue.     It  is  the  focus  in  which   he   keeps  alive  that 
sacred  fire,    which   otherwise  might  escape  from  the 
face  of  the  earth.     Corruption  of  morals  in  the  mass  of 
cultivators  is  a  phsenomenon  of  which  no  age  nor  na- 
tion has  furnished  an  example.     It  is  the  mark  set  on 
those,  who  not  looking   up  to  heaven,  to  their  own  soil 
and  industry,  as  does  the  husbandman,  for  their  sub- 
sistence, depend  for  it  on  casualties  and  caprice  of  cus- 
tomers.    Dependence  begets  subservience  and  venality, 
suffocates  the  germ  of  virtue,  and  prepares  fit  tools  for 
the  designs   of  ambition.     This,   the  natural  progress 
and   consequence  of  the  arts,  has  sometimes  perhaps 
been  retarded  by  accidental  circumstances  :  but,  gene- 
rally speaking,  the  proportion  which  the   aggregate  of 
the  other  classes  of  citizens  bears  in  any  state  to  that  of 
its  husbandmen,  is  the  proportion  of  its  unsound  to  its 
healthy  parts,  and  is  a  good  enough  barometer  where- 
by to   measure    its   degree  of  corruption.     While  we 
have  land  to  labour  then,  let  us  never  wish  to  see  our 
citizens  occupied  at  a  work-bench,  or  twirling  a  distaff. 
Carpenters,  masons,  smiths,  are  wanting  in  husbandry  : 
but,  for  the  general  operations  of  manufacture,  let  our 
workshops  remain  in  Europe.     It  is  better  to   carry 
provisions  and  materials  to  workmen  there,  than  bring 
them  to  the  provisions  and  materials,  and  with  them 


their  manners  and  principles.  The  loss  by  the  trans- 
portation of  commodities  across  the  Atlantic  will  be 
made  up  in  happiness  and  permanence  of  government. 
The  mobs  of  great  cities  add  just  so  much  to  the  sup- 
port of  pure  government,  as  sores  do  to  the  strength  of 
the  human  body.  It  is  the  manners  and  spirit  of  a 
people  which  preserve  a  republic  in  vigour.  A  degen- 
eracy in  these  is  a  canker  which  soon  eats  to  the  heart 
of  its  laws  and  constitution, 


A  Notice  of  the  commercial  productions  particular 
to  the  state,  and  of  those  objects  which  the  inhabitants 
are  obliged  to  get  from  Europe  and  from  other  parts  of 
the  world  ? 

Before  the  present  war  we  exported,  communibus 
annis,  according  to  the  best  information  I  can  get,  near- 
ly as  follows:— 




•  i 










MM  «*!*-]u5-teS 




o  ©  © 



©      © 

©  ©  CO  CO  CO  CO 





O  CO  o 



©      © 

©  ©  CO  CO  CO  CO 





©   CO   © 



©      © 

©  ©  CO  CO  CO  CO 





©  ©  ©  © 


©~     <of 

©  QO  CO  CO  CO  CO 

r— 1 

i— i 


io  <o  o 



■^      ^j< 


o  ©  or 

I— 1 






•   .   • 

•                                 • 


"o   s  — 

».  _ 

PH                           # 


~    —    — 



^3         — 

JS  |   ilj  | 




r*,     r\ 


-h  •—  —^ 

'->           £ 



<D     In     in 
Oh    O)      O 


Q       .-* 



-d    .    • 

T3         rO 

T3            __;__: 

o   w  ° 



^      ""h 

S    1     1  ~£   1 





—     —     — 

■u          *-> 

*->                 — 


—     ~     r: 

Gd             C3 

a            d  as 





""" ' 





i— 1 







Q     9!     91 



»             ° 

^73      '        '    ^^73      ' 



73   _^   jg 

0           m 

1?                     ^  "P 


'C     X      73 

j-          __ 

C                     CO    !h 

•— ) 

—      —      — 

5      -s 

C3                 2    C5 



G  _Q  ^3 

^\       — < 

i—  *—  *— » 

—                   — H 

»—                — h  _^ 


©©  o 



©                   © 

©     1       1    ©  ©     1 




CO  o  o 



©          GO 

©     1       1    ©  © 



•  O 


©               T-1 

©                ©  © 




"^                  LO  — i 





00  CO 


.           • 


.      1       1 

.    ho 








~   73 



4               • 


*     *H    ■" 

•     r-r        .                •     S 





o    nJ 

K                           _^ 



-*     CJ     *-< 


w        • 




•  —    —      — 

2  >, 


•             • 


C    °    g 

O    81     H 

O       *              •     _ 

"il  cj 









?t     73 



Indian  corn   . 



Masts,  planks,  s 

gles,  staves 
Tar,  pitch,  turp 
Peltry,  viz.  skin 
vers,   otters, 

coons,  foxes 
Pork       . 
Flax-seed,  hem; 
Pit-coal,  pig-iro 
Peas  . 

Sturgeon,  white 
Brandy  from  pe 

pies,  and  whi 










In  the  year  1758  we  exported  seventy  thousand 
hogsheads  of  tobacco,  which  was  the  greatest  quantity 
ever  produced  in  this  country  in  one  year.  But  its 
culture  was  fast  declining  at  the  commencement  of  this 
war  and  that  of  wheat  taking  its  place  :  and  it  must 
continue  to  decline  on  the  return  of  peace.  I  suspect 
that  the  change  in  the  temperature  of  our  climate  has 
become  sensible  to  that  plant,  which,  to  be  good,  re- 
quires no  extraordinary  degree  of  heat. — But  it  requires 
still  more  indispensably  an  uncommon  fertility  of  soil : 
and  the  price  which  it  commands  at  market  will  not 
enable  the  planter  to  produce  this  by  manure.  Was 
the  supply  still  to  depend  on  Virginia  and  Maryland 
alone  as  its  culture  becomes  more  difficult,  the  price 
would  rise,  so  as  to  enable  the  planter  to  surmount 
those  difficulties  and  to  live. — But  the  western  country 
on  the  Mississippi,  and  the  midlands  of  Georgia,  having 
fresh  and  fertile  lands  in  abundance,  and  a  hotter  sun, 
will  be  able  to  undersell  these  two  states,  and  will 
oblige  them  to  abandon  the  raising  tobacco  altogether. 
And  a  happy  obligation  for  them  it  will  be.  It  is  a  cul- 
ture productive  of  infinite  wretchedness.  Those  em- 
ployed in  it  are  in  a  continual  state  of  exertion  beyond 
the  power  of  nature  to  support.  Little  food  of  any  kind 
is  raised  by  them  ;  so  that  the  men  and  animals  on 
these  farms  are  badly  fed,  and  the  earth  is  rapidly  im- 
poverished. The  cultivation  of  wheat  is  the  reverse  in 
every  circumstance.  Besides  clothing  the  earth  with 
herbage,  and  preserving  its  fertility,  it  feeds  the  la- 
bourers plentifully,  requires  from  them  only  a  moderate 
toil,  except  in  the  season  of  harvest,  raises  great  numbers 
of  animals  for  food  and  service,  and  diffuses  plenty  and 
happiness  among  the  whole.  We  find  it  easier  to  make 
an  hundred  bushels  of  wheat  than  a  thousand  weight 
of  tobacco,  and  they  are  worth  more  when  made.  The 
weavil  indeed  is  a  formidable  obstacle  to  the  cultiva- 
tion of  this  grain  with  US.  But  principles  are  already 
known  which  must  had  to  a  remedy.  Thus  a  certain 
degree  of  heat,  to  wit,  that  of  the  common  air  in  sum- 
mer, is  necessary   to   hatch  the   egg.     If  subterranean 


granaries,  or  others,  therefore,  can  be  contrived  below 
that  temperature,  the  evil  will  be  cured  by  cold.     A  de- 
gree of  heat  beyond  that  which   hatches  the  egg  we 
know  will  kill  it.     But  in  aiming  at  this  we  easily  run 
into  that  which    produces   putrefaction.     To  produce 
putrefaction,  however,  three  agents  are  requisite,  heat, 
moisture,  and  the  external  air.     Jf  the   absence  of  any 
one  of  these  be  secured,  the  other   two  may  safely  be 
admitted.     Heat  is  the  one  we  want.     Moisture  then, 
or  external  air,  must   be  excluded. — The  former  has 
been  done  by  exposing  the  grain  in  kilns  to  the  action 
of  fire,  which  produces  heat,  and  extracts  moisture  at 
the  same  time:  the  latter,   by  putting   the  grain  into 
Jiogsheads  covering  it  with  a  coat  of  lime,  and  heading 
it  up.     In  this  situation  its  bulk  produced  a  heat  suffi- 
cient to  kill  the  egg;  the  moisture  is  suffered  to  remain 
indeed,  but  the  external  air  is  excluded.     A  nicer  ope- 
ration yet  has  been  attempted  ;  that  is,  to  produce  an 
intermediate  temperature  of  heat  between   that  which 
kills  the   egg,   and   that  which  produces   putrefaction. 
The  threshing  the  grain  as  soon  as  it  is  cut,  and  laying 
>t  in  its  chaff  in  large  heaps,  has  been  found  very  near- 
ly to  hit  this  temperature,  though  not  perfectly,  nor  al- 
ways.    The  heap  generates  heat  sufficient  to  kill  most 
of  the  eggs,  whilst  the  chaff  commonly  restrains  it  from 
rising  into  putrefaction.     But  all  these  methods  abridge 
too  much  the  quantity  which  the   farmer  can  manage, 
and  enable  other  countries  to  undersell  him  which  are 
riot  infested  with  this  insect.-— There  is  still  a  desidera- 
tum then  to  give  with  us  decisive  triumph  to  this  branch 
of  agriculture  over  that  of  tobacco.     The   culture   of 
wheat,  by  enlarging  our  pasture,  will  render  the  Ara- 
bian horse  an  article  of  very  considerable   profit.     Ex- 
perience has  shown  that  ours  is  the  particular  climate 
of  America  where  he  may  be  raised  without  degenera- 
cy.    Southwardly  the  heat  of  the  sun  occasions  a  defi- 
ciency of  pasture,  and  northwardly  the  winters  are  too 
cold  for  the  short  and  fine  hair,  the  particular  sensibili- 
ty and  constitution  of  that  race.     Animals  transplanted 
into  unfriendly  climates,  either  change  their  nature  and 


acquire  new  fences  against  the  new  difficulties  in  which 
they  are  placed,  or  they  multiply  poorly  and  become 
extinct.  A  good  foundation  is  laid  for  their  propaga- 
tion here  by  our  possessing  already  great  numbers  of 
horses  of  that  blood,  and  by  a  decided  taste  and  prefer- 
ence for  them  established  among  the  people. — Their 
patience  of  heat  without  injury,  their  superior  wind,  fit 
them  better  in  this  and  the  more  southern  climates 
even  for  the  drudgeries  of  the  plough  and  wagon. 
Northwardly  they  will  become  an  object  only  to  persons 
of  taste  and  fortune,  for  the  saddle  anil  light  carriages. 
To  those,  and  for  these  uses,  their  fleetness  and  beauty 
will  recommend  them. — Besides  these  there  will  be 
other  valuable  substitutes  when  the  cultivation  of  to- 
bacco shall  be  discontinued,  such  as  cotton  in  the  east- 
ern parts  of  the  state,  and  hemp  and  flax  in  the  west- 

It  is  not  easy  to  say  what  are  the  articles  either  of 
necessity,  comfort,  or  luxury,  which  we  cannot  raise, 
and  which  we  therefore  shall  be  under  a  necessity  of  im- 
porting from  abroad, asevery  thing  hardier  than  the  olive, 
and  as  hardy  as  the  fig,  may  be  raised  here  in  the  open 
air.  Sugar,  coffee  and  tea,  indeed,  are  not  between 
these  limits  ;  and  habit  having  placed  them  among  the 
necessaries  of  life  with  the  wealthy  part  of  our  citizens, 
as  long  as  these  habits  remain  we  must  go  for  them  to 
those  countries  which  are  able  to  furnish  them. 


The  weights,  measures,  and  the  currency  of  the  hard 
money  ?  Some  details  relating  to  exchange  with  Eu- 
ro |)C  ? 

Our  weights  and  measures  are  the  same  which  are 
fixed  by  acta  of  parliament  in  England.  How  it  has 
happened  that  in  this  as  well  as  the  other  American 
states  the  nominal  value  of  coin,  was  made  to  differ 
from  what   it   was  in  the  country  we  had  left,  and  to 


differ  among  ourselves  too,  I  am  not  able  to  say  with 
certainty.  I  find  that  in  1631  our  house  of  burgesses 
desired  of  the  privy  council  in  England,  a  coin  debased 
to  twenty-five  per-cent:  that  in  1645  they  forbid  deal- 
ing by  barter  for  tobacco,  and  established  the  Spanish 
piece  of  eight  at  six  shillings,  as  the  standard  of  their 
currency  :  that  in  1655  they  changed  it  to  five  shillings 
sterling.  In  1680  they  sent  an  address  to  the  king,  in 
consequence  of  which,  by  proclamation  in  1683,  he  fix- 
ed the  value  of  French  crowns,  rix  dollars,  and  pieces 
of  eight  at  six  shillings,  and  the  coin  of  New-England 
at  one  shilling.  That  in  1710, 1714,  1727,  and  1762,  other 
regulations  were  made,  which  will  be  better  presented 
to  the  e^ye  stated  in  the  form  of  a  table  as  follows : 













tf         £ 


£      *xi 







-*         CO 

*-J    *J 

1       1      t3 

fe    ^ 


►*    «> 

'                        > 


'C  -a 





.        . 


_,  • 


7}     73 


1      1    ^ 
1     1    8 


LO  ^ 


1           1 

*                * 



-4-*                  *J 



1     1 


£     &     1 


-"C        T3 


*                       • 



1 1 


T3         ^3 

CO        CO          1 



••  i 


■      %-H        1 


1— '             1 


-  •- 
u  o 


>    O  7= 


w                   1 


1       £ 

a>         73 

— ■ 





1  o  5  ° 




CO    ? 

C    O    o     ~ 


».  »  a    1 


gold  coin  not  mill 

—  o 
a  M 


O      „ 

f  Portugal 

:)Id  of  the  empir 

milled    silver  m 

ion  to  the  crow 

eight  of  Mcxi 

d   Pillar,    ducat 

rs,  French  ecus 









es,  cross  dollars 
ars  of  the  empir 
sh  silver   coin  ; 

"3  '5 

o  °   S~ 



TO      m 

ti)  cr 

O   73     73 

2-W             C 

eru  pi 
rix  d 
Id  Br 

S  .8 
-  'C 

9    0 










C*      O 

The  first  symptom  of  the  depreciation  of  our  present 
paper  money,  was  that  of  silver  dollars  selling  at  six 


shillings,  which  had  before  been  worth  but  five  shil- 
lings and  nine-pence.  The  assembly  thereupon  raised 
them  by  law  to  six  shillings.  As  the  dollar  is  now  like- 
ly to  become  the  money-unit  of  America,  as  it  passes  at 
this  rate  in  some  of  our  sister  states,  and  as  it  facilitates 
their  computation  in  pounds  and  shillings,  &c.  converso, 
this  seems  to  be  more  convenient  than  its  former  de- 
nomination. But  as  this  particular  coin  now  stands 
higher  than  any  other  in  the  proportion  of  133  1-3  to 
125,  or  16  to  15,  it  will  be  necessary  to  raise  the  others 
in  proportion, 


The  public  income  and  expenses? 

The  nominal  amount  of  these  varying  constantly  and 
rapidly  with  the  constant  and  rapid  depreciation  of  our 
paper  money,  it  becomes  impracticable  to  say  what 
they  are.  We  find  ourselves  cheated  in  every  essay  by 
the  depreciation  intervening  between  the  declaration 
of  the  tax  and  its  actual  receipt.  It  will  therefore  be 
more  satisfactory  to  consider  what  our  income  may  be 
when  we  shall  find  means  of  collecting  what  our  people 
may  spare.  I  should  estimate  the  whole  taxable  pro- 
perty of  this  state  at  an  hundred  millions  of  dollars,  or 
thirty  millions  of  pounds  our  money.  One  per  cent,  on 
this,  compared  with  any  thing  we  ever  yet  paid,  would 
be  deemed  a  very  heavy  tax.  Yet  I  think  that  those 
who  manage  well,  and  use  reasonable  economy,  could 
pay  one  and  an  half  percent,  and  maintain  their  house- 
hold comfortably  in  the  mean  time,  without  aliening 
any  part  of  their  principal,  and  that  the  people  would 
submit  to  this  willingly  for  the  purpose  of  supporting 
their  present  contest.  We  may  say  then,  that  we  could 
raise,  and  ought  to  raise,  from  one  million  to  one  million 
and  an  half  of  dollars  annually,  that  is  from  three  hun- 
dred to  four  hundred  and  fifty  thousand  pounds,  Virgi- 
nia money. 


Of  our  expenses  it  is  equally  difficult  to  give  an  exact 
state,  and  for  the  same  reason.  They  are  mostly  stated 
iu  paper  money,  which  varying  continually,  the  legis- 
lature endeavours  at  every  session,  by  new  corrections, 
to  adapt  the  nominal  sums  to  the  value  it  is  wished 
ihey  would  bear.  I  will  state  them  therefore  in  real 
coin,  at  the  point  at  which  they  endeavour  to  keep 

The  annual  expenses  of  the  general  assembly 

are  about  20,000 

The  governor  3,333£ 

The  council  of  state  10,666| 

Their  clerks  l,166g 

Eleven  judges  11,000 

The  clerk  of  the  chancery  666| 

The  attorney  general  1,000 

Three  auditors  and  a  solicitor  5,333£ 

Their  clerks  2,000 

The  treasurer  2,000 

His  clerks  2,000 

The  keeper  of  the  public  jail  1,000 

The  public  printer  1,6661 

Clerks  of  the  inferior  courts  43,333} 

Public   lew:  this  is  chiefly  for  the  expenses  of 

criminal  justice  40,000 

County  levy,  for  bridges,  court-houses,  prisons, 

fee.  40,000 

Members  of  Congress  7,000 

Quota  of  the  federal  civil  list,  supposed  one  sixth 

of  about  78,000  dollars  13,000 

Expenses  of  collecting,  six  per   cent,    on   the 

above  12,310 

The  clergy  receive  only  voluntary  contributions  : 

suppose  them  on  an  average  one  eighth  of  a 

dollar  a  twhe  on  200,000  tulies  95,000 

Contingencies,  to  make  round  numbers  not  far 

from  truth  7,523| 



Dollars,  or  53,571  guineas.  This  estimate  is  exclusive 
of  the  military  expense.  That  varies  with  the  force 
actually  employed,  and  in  time  of  peace  will  probably 
be  little  or  nothing.  It  is  exclusive  also  of  the  public 
debts,  which  are  growing  while  I  am  writing,  and  can- 
not therefore  be  now  fixed.  So  it  is  of  the  maintenance 
of  the  poor,  which  being  merely  a  matter  of  charity 
cannot  be  deemed  expended  in  the  administration  of 
government.  And  if  we  strike  out  the  25,000  dollars 
for  the  services  of  the  clergy,  which  neither  makes  part 
of  that  administration,  more  than  what  is  paid  to  phy- 
sicians, or  lawyers,  and  being  voluntary,  is  either  much 
or  nothing  as  every  one  pleases,  it  leaves  225,000  dol- 
lars, equal  to  48,208  guineas,  the  real  cost  of  the  appa- 
ratus of  government  with  us.  This  divided  among  the 
actual  inhabitants  of  our  country,  comes  to  about  two 
fifths  of  a  dollar,  21d.  sterling,  or  42  sols,  the  price 
which  each  pays  annually  for  the  protection  of  the  resi- 
due of  his  property,  and  the  other  advantages  of  a  free 
government.  The  public  revenues  of  Great  Britain 
divided  in  like  manner  on  its  inhabitants  would  be  16 
times  greater.  Deducting  even  the  double  of  the  ex- 
penses of  government,  as  before  estimated,  from  the 
million  and  a  half  of  dollars  which  we  before  supposed 
might  be  annually  paid  without  distress,  we  may  con- 
clude that  this  state  can  contribute  one  million  of  dol- 
lars annually  towards  supporting  the  federal  army, 
paying  the  federal  debt,  building  a  federal  navy,  or 
opening  roads,  clearing  rivers,  forming  safe  ports,  and 
other  useful  works. 

To  this  estimate  of  our  abilities,  let  me  add  a  word 
as  to  the  application  of  them.  If,  when  cleared  of  the 
present  contest,  and  of  the  debts  with  which  that  will 
charge  us,  we  come  to  measure  force  hereafter  with 
any  European  power.  Such  events  are  devoutly  to  be 
deprecated.  Young  as  we  are,  and  with  such  a  coun- 
try before  us  to  fill  with  people  and  with  happiness,  we 
should  point  in  that  direction  the  whole  generative 
force  of  nature,  wasting  none  of  it  in  efforts  of  mutual 
destruction.     It  should  be   our  endeavour  to  cultivate 


the  peace  and  friendship  of  every  nation,  even  of  that 
which  has  injured  us  most,  when  we  shall  have  carried 
our  point  against  her.     Our  interest  will   be  to  throw 
open  the  doors  of  commerce,  and  to  knock  off  all  its 
shackles,  giving  perfect  freedom  to  all  persons  for  the 
vent  of  whatever  they  may  choose  to  bring  into  our 
ports,  and  asking  the   same  in   their's.     Never  was  so 
much  false  arithmetic  employed  on  any  subject,  as  that 
which  has  been  employed  to  persuade  nations  that  it  is 
their  interest  to  go  to  war.     Were  the  money  which  it 
has  cost  to   gain,  at  the   close   of  a  long  war,  a  little 
town,  or  a  little  territory,  the   right  to   cut  wood  here, 
or  to  catch  fish  there,  expended  in  improving  what  they 
already  possess,  in  making  roads,  opening  rivers,  build- 
ing ports,  improving  the   arts,  and  finding  employment 
for  their  idle  poor,  it  would  render  them  much  strong- 
er, much  wealthier  and  happier.     This  I  hope  will  be 
our  wisdom.     And,  perhaps,  to  remove  as  much  as  pos- 
sible the   occasions  of  making  war,  it  might  be  better 
for  us  to  abandon  the  ocean  altogether,  that  being  the 
element   whereon  we   shall  be  principally  exposed  to 
jostle  with  other  nations :  to  leave  to  others  to  bring 
what  we  shall  want,  and  to  carry  what  we  can  spare. 
This  would  make  us  invulnerable  to  Europe,  by  offering 
none  of  our  property  to  their  prize,  and  would  turn  all 
our  citizens  to  the  cultivation  of  the   earth  ;  and,  I  re- 
peat it  again,  cultivators  of  the  earth  are  the  most  vir- 
tuous   and    independent    citizens.      It   might   be   time 
enough  to  seek  employment  for  them  at  sea,  when  the 
land  no  longer  offers  it.     But  the   actual  habits  of  our 


countrymen  attaeh  them  to  commerce.  They  will  ex- 
ercise it  for  themselves.  Wart  then  must  sometimes 
be  our  lot  ;  and  all  the  wise  can  do,  will  be  to  avoid 
that  half  of  them  which  would  be  produced  by  our  own 
follies  and  our  own  arts  of  injustice;  and  to  make  for 
the  other  half  the  best  preparations  we  can.  Of  what 
nature  should  these  be  ?  A  land  army  would  be  use- 
less lor  offence,  and  not  the  best  nor  safest  instrument 
of  defence.  For  either  of  these  purposes,  the  sea  is  the 
field  on  which  wo  should  meet  an  European  enemy 


On  that  element  it  is  necessary  we  should  possess  some 
power.     To  aim  at  such    a  navy  as  the  greater  nations 
of  Europe  possess,  would  be  a  foolish  and  wicked  waste 
of  the  energies  of  our  countrymen.     It  would  be  to  pull 
on  our  own  heads  that  load  of  military  expense  which 
makes  the  European  labourer  go  supperless  to  bed,  and 
moistens  his  bread  with  the  sweat  of  his  brows.     It 
will  be  enough  if  we  enable  ourselves  to  prevent  insults 
from  those  nations  of  Europe  which  are  weak  on  the 
sea,  because   circumstances  exist,  which  render  even 
the  stronger  ones  weak  as  to  us.     Providence  has  placed 
their  richest   and  most  defenceless  possessions  at  our 
door  ;   has  obliged  their   most  precious  commerce  to 
pass,  as  it  were,  in  review  before  us.     To   protect  this, 
or  to  assail,  a  small  part  only  of  their  naval  force  will 
even  be  risqued  across  tire  Atlantic.     The  dangers  to 
which    the    elements   expose   them  here   are  too  well 
known,  and  the   greater  dangers  to  which  they  would 
be  exposed  at  home  were  any  general   calamity  to  in- 
volve their  whole  fleet.     They  can  attack  us  by  detach- 
ment only  ;  and  it  will  suffice  to  make  ourselves  equal 
to  what  they  may  detach.     Even   a  smaller  force  than 
they  may  detach  will  be  rendered  equal  or  superior  by 
the  quickness  with   which   any  check  may  be  repaired 
with  us,  while  losses  with  them  will  be  irreparable  till 
too  late.     A  small  naval  force  then  is  sufficient  for  us, 
and  a  small  one  is  necessary.     What  this  should  be,  I 
will  not  undertake  to  say.     I  will  onty  say,  it  should  by 
no  means  be  so  great  as  we  are  able  to  make  it.     Sup- 
pose the   million   of  dollars,  or  300,000  pounds,  which 
Virginia  could    annually  spare   without  distress,  to  be 
applied  to  the  creating  a  navy.     A  single  year's  contri- 
bution would  build,  equip,  man,  and  send  to  sea  a  force 
which  should  cany  300  guns.     The  rest  of  the  confed- 
eracy,  exerting   themselves    in    the    same    proportion, 
would  equip  in  the  same  time  1500  guns  more.     So  that 
one  year's  contribution  would  set  up   a  navy  of  1800 
guns.     The  British  ships  of  the  line  average  76  guns; 
their  frigates  38. — 1800  guns  then  would  form  a  fleet  of 
d0  ships,  18  of  which  might  be  of  the  line,  and  12  fri- 


gates.  Allowing  8  men,  the  British  average,  for  every 
gun,  their  annual  expense,  including  subsistence,  cloth- 
ing, pay  and  ordinary  repairs,  would  be  about  1280  dol- 
lars for  every  gun,  or  2,304,000  dollars  for  the  whole. 
J  state  this  only  as  one  year's  possible  exertion  without 
deciding  whether  more  or  less  than  a  year's  exertion 
should  be  thus  applied. 

The  value  of  our  lands  and  slaves,  taken  conjunctly, 
doubles  in  about  twenty  years.  This  arises  from  the 
multiplication  of  our  slaves,  from  the  extension  of  cul- 
ture, and  increased  demand  for  lands.  The  amount 
of  what  may  be  raised  will  of  course  rise  in  the  same 


The  histories  of  the  state,  the  memorials  published  in 
its  name  in  the  time  of  its  being  a  colony,  and  the  pam- 
phlets relating  to  its  interior  or  exterior  affairs  present 
or  ancient  ? 

Captain  Smith,  who  next  to  Sir  Walter  Raleigh  may 
be  considered  as  the  founder  of  our  colony,  has  written 
its  history,  from  the  first  adventures  to  it,  till  the  year 
1G24.  He  was  a  member  of  the  council,  and  afterwards 
president  of  the  colony;  and  to  his  efforts  principally 
may  be  ascribed  its  support  against  the  opposition  of 
the  natives.  He  was  honest,  sensible,  and  well  inform- 
ed ;  but  his  style  is  barbarous  and  uncouth.  His  his- 
tory, however,  is  almost  the  only  source  from  which 
we  derive  any  knowledge  of  the  infancy  of  our  state. 

The  reverend  William  Stith,  a  native  of  Virginia, 
and  president  of  its  college,  has  also  written  the  his- 
tory of  the  same  period,  in  a  large  octavo  volume  of 
small  print.  He  was  a  man  of  classical  learning,  and 
very  exact,  but  of  no  taste  in  style.  He  is  inelegant, 
therefore,  and  his  details  often  too  minute  to  be  tolera- 
ble, even  to  a  native  of  the  country,  whose  history  he 



Beverley,  a  native  also,  has  run  into  the  other  ex- 
treme, he  has  comprised  our  history,  from  the  first  pro- 
positions of  Sir  Walter  Raleigh  to  the  year  1700,  in  the 
hundredth  part  of  the  space  which  Stith  employs  for 
the  fourth  part  of  the  period. 

Sir  William  Keith  has  taken  it  up  at  its  earliest  pe- 
riod, and  continued  it  to  the  year  1/25.  He  is  agreea- 
ble enough  in  style,  and  passes  over  events  of  little 
importance.  Of  course  he  is  short,  and  would  be  pre- 
ferred by  a  foreigner. 

During  the  regal  government,  some  contest  arose  on 
the  exaction  of  an  illegal  fee  by  governor  Dinwiddie, 
and  doubtless  there  were  others  on  other  occasions  not 
at  present  recollected.  It  is  supposed,  that  these  are 
not  sufficiently  interesting  to  a  foreigner  to  merit  a  de- 

The  petition  of  the  council  and  burgesses  of  Virginia 
to  the  king,  their  memorial  to  the  lords,  and  remon- 
strance to  the  commons  in  the  year  1764,  began  the 
present  contest ;  and  these  having  proved  ineffectual 
to  prevent  the  passage  of  the  stamp  act,  the  resolutions 
of  the  house  of  burgesses  of  1765  were  passed,  declar- 
ing the  independence  of  the  people  of  Virginia  on  the 
parliament  of  Great  Britain,  in  matters  of  taxation. 
From  that  time  till  the  >!:i  laration  of  independence  by- 
Congress  in  1776,  their  journals  are  filled  with  asser- 
tions of  the  public  rights. 

The  pamphlets  published  in  this  state  on  the  contro- 
verted question,  were  : 

1766,  An  Inquiry  into  the  rights  of  the  British  Colo- 
nies, by  Richard  Bland. 

1769,  The  Monitor's  Letters,  by  Dr.  Arthur  Lee. 

1774,  A  summary  View  of  the  rights  of  British  Ame- 

1774,  Considerations,  &e.  by  Robert  Carter  Nicholas. 

Since  the  declaration  of  independence  this  state  has 
had  no  controversy  with  any  other,  except  with  that  of 
Pennsylvania,  on  their  common  boundary. —  Some  pa- 

*  By  the  author  of  these  notes. 


pers  on  this  subject  passed  between  the  executive  and 
legislative  bodies  of  the  two  states,  the  result  of  which 
was  a  happy  accommodation  of  their  rights. 

To  this  account  of  our  historians,  memorials,  and 
pamphlets,  it  may  not  be  unuseful  to  add  a  chronologi- 
cal catalogue  of  American  state  papers,  as  far  as  I  have 
been  able  to  collect  their  titles.  It  is  far  from  being 
cither  complete  or  correct.  Where  the  title  alone,  and 
not  the  paper  itself,  has  come  under  my  observation,  I 
cannot  answer  for  the  exactness  of  the  date.  Some- 
times I  have  not  been  able  to  find  any  date  at  all,  and 
sometimes  have  not  been  satisfied  that  such  a  paper 
exists.  An  extensive  collection  of  papers  of  this  de- 
scription has  been  for  some  time  in  a  course  of  prepa- 
ration by  a  gentleman*  fully  equal  to  the  task,  and  from 
whom,  therefore,  we  may  hope  ere  long  to  receive  it. 
In  the  meantime  accept  this  as  the  result  of  my  labours, 
and  as  closing  the  tedious  detail  which  you  have  so  un- 
designedly drawn  upon  yourself. 

Pro  Johanne  Caboto  et  filiis  suis  super   149G,  Mar.  5. 
terra  incognita  investiganda.     12.  11  v.   H-  H.  7. 
5(J5.  3.  Uakl.  4.  2.  Mem.  Am.  409. 

Billa  signata  anno  13.    Henrici  septimi.   1498.  Feb.  3. 
3.  Hakhiyt's  voiages  5.  13.  H.  7. 

De   po  testa  ti  bus  ad  terras  incognitas  in-   1502,  Pec.  19. 
vestigandum.   13.  Rymer.  37.  l;?-  H.  7. 

Commission  de  Francois  I.  a  Jacques Ca-   1540,  Oct.  17. 
tier  pour   l'establissement  du   Canada. 
L'Escarbot.  31)7.  2.  Mem.  Am.  41G. 

An  act  against  the  exaction  of  money,  or  1543,  2.  E.  6. 
any  other   thing,   by  any  officer  for  li- 
cense to  traffique  into  Iseland  and  New- 
foundland,   made  in    An.  2.  Edwardi 
sexti.     3.  Uakl.  131. 

The  letters  patent  granted  by  her  Majes-    1578,  June  11. 
tie  to  Sir  Humphrey  Gilbert,  knight,  for  20  El. 
the  inhabiting  and  planting  of  our  peo- 
ple in  America.     3.  llakl.  135. 

*  Mr.  Hazard. 


1583,  Feb.  6.      Letters-patent   of   Queen   Elizabeth    to 

Adrian  Gilbert  and  others,  to  discover 
the  northwest  passage  to  China.  3. 
Hakl.  96. 

1584,  Mar.  25.  The  letters-patent  granted  by  the  Queen's 
26-  £!•  majestie  to  M.  Walter  Raleigh,    now 

knight,  for  the  discovering  and  plant- 
ing of  new  lands  and  countries,  to  con- 
tinue the  space  of  six  years  and  no 
more.  3.  Hakl.  243. 

Mar.  7.  31.  El.  An  assignment  bv  Sir  Walter  Raleigh  for 
continuing  the  action  of  inhabiting  and 
planting  his  people  in*  Virginia.  Hakl. 
1st.  ed.  publ.  in  1589.  p.  815. 

1603,  Nov.  8.  Lettres  de  Lieutenant  General  de  l'Aca- 
die  &  pays  circonvoisins  pour  le  Sieur 
de  Moms.     L'Escarbot.  417. 

1606,  Apr.  10.     Letters-patent  to  Sir  Thomas  Gates,  Sir 
4  Jac.  1.  George  Somers  and  others  of  America. 

Stith.  Apend.  No.  1. 

1607,  Mar.  9.     An  ordinance  and  constitution  enlarging 
4.  Jac.  1.  i\ie  council  of  the  two  colonies  in  Vir- 
ginia  and   America,    and    augmenting 
their  authority,  M.  S. 

1609,  May  23.   The  second  charter  to  the  treasurer  and 
7Jac.  1.  company  for  Virginia,  erecting    them 

into  a  body  politic.     Stith.  Ap.  2. 

1610,  Apr.  10.   Letters-patent  to  the  E.  of  Northampton, 
Jac.  1.  granting   part  of  the   island    of  New- 
foundland.  1.  Harris.  861. 

1611,  Mar.  12.  A  third  charter  to  the  treasurer  and  com- 
9  Jac.  1.  pany  for  Virginia.   Stith.  Ap.  3. 

1617,  Jac.  1.       A    commission    to    Sir    Walter    Raleigh. 

1620,  Apr.  7.      Commissio  specialis  concernens  le  garb- 
18  Jac*  l"  ling  herbse  Nocotianae.    17.  Rym.  190. 

1620,  June  29.  A  proclamation  for  restraint  of  the  disor- 
18  Jac.  1.  dered  trading    of  tobacco.    17.    Rym. 

1620,  Nov.  3.     A  grant  of  New  England  to  the  council 
Jac.  1.  of  Plymouth. 


An  ordinance  and  constitution  of  the  trea-  1621,  July  24. 

surer,   council    and  company   in    Eng-  Jac>  '• 

land,  for  a  council  of  state  and  general 

assembly  in  Virginia.     Stitli.  Ap.  4. 

A  grant   of  Nova   Scotia  to   Sir  William  1621,  Sep.   10. 

Alexander.    2.    Mem.   de    l'Amerique.  20  Jac-  *■ 


A   proclamation    prohibiting    interloping  1622,  Nov.  6. 

and  disorderly  trading  to  New  England  20  Jac.  1. 

in  America.  17.  Rym.  41G. 

De  commissione  speciali   Willelmo  Jones  1623,  May  9. 

militi  directa.  17.  Rym.  490.  21  Jac.  1. 

A  grant  to  Sir  Edmund  Ployden,  of  New  1623. 

Albion.      Mentioned  in  Smith's  exami- 
nation. 82. 

De  commissione  Henrico  vicecomiti  Man-  1624,  July  15. 

devil!  &  aliis.  17.  Rym.  G09.  22  Jac.  1. 

De  Commissione  speciali  concernenti  gu-  1624,  Aug.  26, 

bernationem    in    Virginia.      17.    Rym.  22  Jac.  1. 


A  proclamation   concerning   tobacco.  17.  1624,  Sep.  29. 

Rym.  G21.  22  Jac.  1. 

De  concessione   demise,  Edwardo  Ditch-  1624,  Nov.  9. 

field  et  aliis.    17.  Rym.  633.  22  Jac.  1. 

A  proclamation    for  the  utter  prohibiting  1625,  Mar.  2. 

the  importation  and  use  of  all  tobacco  22  Jac.  1. 

which  is  not  of  the   proper   growth   of 

the  colony  of  Virginia  and  the  Somer 

islands,  or  one  of  them.  17.  Rym.  GG8. 

De  commissione   directa  Georgio  Yarde-  1625,  Mar.  4. 

ley  militi  et  aliis.  18.  Rym.  311.  l  Car'  *' 

Proolamatio  de  hcrba  Nicotianu.  18.  Rym.  162o,  Apr.  J. 

1(j  1  Car.  1. 

A  proclamation  for  scttlinge   the  planta-  1625,  May  13. 

lion  of  Virginia.  18.  Rym.  72.  1  Car.  1. 

A  grant  of  the  soil,  barony,  and  domains  1625,  July  12. 

of  Nova  Scotia  to  Sir  Win.  Alexander 

of  Miostrie.     2  Mem.  Am.  22<i. 

Commissio  directa  Johanni  Wolstenhol-  1G2G,  Jan.  31. 

me  militi  et  aliis.  18.  Rym.  831.  2  Cur.  l. 


1626,  Feb.  17.     A  proclamation  touching'  tobacco.    Rym. 

2  Car.  1.  £48.  J 

1627,  Mar.  19.  A  grant  of  Massachusetts  bay  by  the 
qu?  2  Car.  1.         council  of  Plymouth  to  Sir  Henry  Ros- 

well  and  others. 
1627,  Mar.  26.   De   concessione    commissionis    specialis 

3  Car.  l.  pro  eoueilio  in  Virginia.  18.  Rym.  980. 
1627,  Mar.  30.  De  proclamatione  de  signatione  de  tobae- 
3  Car.  1.  co.  18.  Rym.  886. 

1627,  Aug.  9.  De  proclamatione   pro  ordinatione  de  to- 

3-  tar.  1.  bacco.  18.  Rym.  920. 

162ft,  Mar.  4.  A  confirmation  of  the  grant  of   Massa- 

3  Car.  1.  chusett's  bay  by  the  crown. 

1629,  Aug.  19.  The  capitulation  of  Quebec.     Champlain 

pert.  2.  216.  2.  Mem.  Am.  489. 
16:30,  Jan.  6.        A  proclamation  concerning  tobacco.     19. 

5  Car.  1.  Rym.  235. 

1630,  April  30.   Conveyance   of  Nova  Scotia  (Port-royal 

excepted)  by  Sir  William  Alexander  to 
Sir  Claude  St.  Etienne  Lord  of  la  Tour 
and  of  Uarre  and  to  his  son  Sir  Charles 
de  St.  Etienne  Lord  ofSt.  Denniscourt, 
on  condition  that  they  continue  sub- 
jects to  the  king  of  Scotland  under  the 
great  seal  of  Scotland. 
1630-31,  Nov.  A  proclamation  forbidding  the  disorder- 
24«  ly  trading    with    the    savages    in   New 

6  Car.  1.  England  in  America,  especially  the  fur- 

nishing the  natives  in  those  and  other 
parts  of  America  by  the  English  with 
weapons  and  habiliments  of  warre. 
19.  Ry.  210.     3.  Rushw.  82. 

1630,  Dec.  5.      A   proclamation    prohibiting   the    selling 

6  Car.  1.  arms,  &c.  to  the  savages  in  America. 

Mentioned  3.  Rushw.  75. 

1630,  Car.  1.  A  grant  of  Connecticut  by  the  council  of 
Plymouth  to  the  E.  of  Warwick. 

1630,  Car,  1.  A  conformation  by  the  crown  of  the  grant 
of  Connecticut  [said  to  be  iu  the  petty- 
bag  office  in  England.] 


A  conveiance  of  Connecticut  by  the  E.  of  1631,  Mar.  19. 

Warwick  to   Lord   Say  and   Seal   and    6  Cai-  *• 

others.     Smith's  examination,  Appen- 
dix No.  1. 
A  special  commission   to   Edward   Earle    1631,  June  27. 

of  Dorsett  and   others  for  the    better    ?  Car.  *• 

plantation   of  the  colony    of  Virginia. 

19.  Ry.  301. 
Litere  continentes  promissionem  regis  ad    1632,  June  29. 

tradenum  castrum  et  habitationem  de   7  Car.  t. 

Kebec  in  Canada  ad  regem  Francorum. 

19.  Ry.  303. 
Traite  entre  le  roy  Louis  XIII.  et  Charles    1632,  Mar.  29. 

roi  d'  Angleterre  pour  la  restitution  de    8  Car'  *• 

la  nouvelle  France,  la  Cadie  et  Canada 

et  des  navires  et  merchandises  pris   de 

part  et  d'autre.     Fait  a  St.  Germain  19 

Ky.  3G1.  2.  Mem.  Am.  5. 
A  grant  of  Maryland  to  Csecilius  Calvert,    1632,  June  20. 

baron  of  Baltimore  in  Ireland.  8  Car.  1. 

A    petition    of  the    planters    of  Virginia    1633,  July  3. 

against  the  grant  to  Lord  Baltimore.        9  Car*  *• 
Order   of  council  upon    the    dispute  be-    1633,  July  3. 

tween   the   Virginia  planters  and  lord 

Baltimore.     Votes    of  repress.     Penn- 
sylvania. V. 
A  proclamation  to  prevent  abuses  grow-    1630,  Aug.  13. 

ing   by   the   unordered   retailing  of  to-   9  Car-  *• 

bacco.    Mentioned  3.  Rush.  191. 
A  special  commission  to  Thomas  Young    1633,  Sept.  23. 

to  search,  discover,  and   find  out  what    9  Car.  1. 

ports  are  not  yet  inhabited  in   Virginia 

and  America  and  other  parts  thereunto 

adjoining.  19.  Ry.  472. 
A    proclamation    for    preventing    of    the   1633,  Oct.  13. 
abuses  growing   by  the   unordered    re-   9  Car.  1. 
tailing  of  tobacco.  19.  Ry.  474. 
A   proclamation   restraining   the    abusive    1633,  Mar.  13. 

venting  of  tobacco.     19.  Rym.522.  Car.  l. 

A  proclamation  concerning   the  landing   1634,  May  19. 
of   tobacco,   and   also    forbidding   the   lu  Car.  *• 


planting  thereof  in  the  king's  domin- 
ions.    19.  Ry.  553. 
1634,  Car.  1.      A  commission  to  the  Archbishop  of  Can- 
terbury  and   11   others,    for  governing 
the  American  colonies. 

1634,  June  19.    A  commission   concerning  tobacco.     M. 

10  Car.  1.  S. 

1635,  July  18.     A  commission  from  Lord  Say,  and  Seal, 

11  Car.  1.  and   others,   to    John    Winthrop  to  be 

governor  of  Connecticut.    Smith's  App. 

1635,  Car.  1.      A  grant  to  Duke  Hamilton. 

1636,  April  2.     De   commissione    speciali    Johanni    Har- 

12  Car.  1.  vey  militi  to  pro  meliori  regemine  co- 

loniae  in  Virginia.     20.  Ry.  3. 

1637,  Mar.  14.  A  proclamation  concerning  tobacco.     Ti- 
Car.  1.  tie  in  3.  Rush.  617. 

1636-7,Mar.l6.  De  commissione  speciali  Georgio  domino 

12  Car.  1.  Goring  et   aliis  concessa,    concernente 

venditionem  de   tobacco  absque  licen- 
tia  regia.     20.  Ry.  116. 
1637,  Apr.  30.    A  proclamation  against  disorderly  trans- 

13  Car.  1.  porting   his  Majesty's    subjects  to  the 

plantations  within  the  parts  of  Ameri- 
ca. 20.  Ry.  143.  3.  Rush.  409. 

1637,  May  1.      An  order  of  the  privy  council  to   stay  8 

13  Car.  1.  ships  now  in  the  Thames  from  going  to 

New  England.  3.  Rush.  409. 

1637  Car.  1.      A  warrant  of  the    Lord  Admiral  to   stop 

unconformable    ministers    from    going 
beyond  sea.  3.  Rush.  410. 

1638  April  4.     Order  of  council  upon  Claiborne's  peti- 
Car.  1.  tion  against  Lord  Baltimore.     Votes  of 

representatives  of  Pennsylvania,    vi. 

1638,  April  6.     An  order  of  the  king  and  council  that  the 

14  Car.  1.  attorney   general    draw    up    a    procla- 

mation   to    prohibit    transportation    of 

passengers  to  New    England  without 

license.  3.  Rush.  718. 

1638,  May  1.      A  proclamation  to  restrain  the  transport- 

14  Car.  1.  ing  of  passengers    and   provisions   to 


New  England  without  license.  20.  Ry, 

A  proclamation  concerning  tobacco.     Ti-   1639,  Mar.  25. 

tie  4.  Rush.  1060.  Car-  1- 

A  proclamation    declaring   his   majesty's    1639,  Aug.  19. 

pleasure   to    continue    his   commission    15  Car.  1. 

and  letters  patents  for  licensing  retail- 
ers of  tobacco.  20.  Ry.  348. 
De  commissione  speciali  Henrico  Ashton   1639,  Dec.  16, 

armigero  et  aliis  ad  amovendum   Hen-    15  Car.  1. 

ricum   Hawley  gubernatorem  de  Bar- 

badoes.  20.  Rym.  357. 
A   proclamation  concerning  retailers  of  1639,  Car.  1. 

tobacco.  4.  Rush.  966. 
De  constitutione  gubernatoris   et  concilii    1641,  Aug.  9. 

pro  Virginia.  20.  Ry.484.  *?  Car.  1. 

Articles  of  union  and  confederacy  enter-    1643,  Car.  1. 

ed    into   by   Massachusetts,  Plymouth, 

Connecticut  and   New  haven.  1  Neale. 

Deed  from  George  Fenwick  to  the    old   1644,  Car.  1. 

Connecticut  jurisdiction. 
An  ordinance  of  the  lords  and  commons 

assembled    in    parliament,   for  exempt- 
ing   from    custom    and    imposition    all 

commodities  exported  for,  or  imported 

from  New    England,    which  has   been 

very  prosperous  and  without  any  public 

charge  to  this  state,    and    is   likely  to 

prove  very  happy  for    the    propagation 

of  the   gospel   in    those   parts.     Tit.  in 

Amer.    library    90.    5.    No    date.     But 

seems  by   the   neighbouring   articles  to 

have  been  in  1644. 
An  act    for    charging  of  tobacco  brought   1644,  June  20. 

from  New    England   with    custom    and   Car. '2. 

excise.  Title  in  American  library.  99.  8. 
An  art  for  the  advancing  and  regulating   1644,  Aug.  1. 

the  trade  of  this  commonwealth.     Tit.   Car.  2. 

Amer.  hbr.  99. !». 



Sept.  13.  Grant  of  the  Northern  neck  of  Virginia 

CiiT'  2*  to  Lord    Hopton,  Lord    Jermyn,    Lord 

Culpepper,  Sir  John  Berkley,  Sir  Will- 
iam Moreton,  Sir  Dudly  Wyatt,  and 
Thomas  Culpepper. 

1650,  Oct.  3.       An  act  prohibiting  trade  with  the  Barba- 

~  Car.  2.  does,  Virginia,  Bermudas  and  Antego* 

ScobelPs  Acts.  1027. 

1650,  Car.  2.  a  declaration  of  Lord  Willoughby,  govern 
nor  of  Barbadoes,  and  of  his  council, 
against  an  act  of  parliament  of  3d  of 
October  1650.  4.  Polit.  register.  2.  cited 
from  4.  Neal.  hist,  of  the  Puritans. 
App.  No.  12  but  not  there. 

1650,  Car.  2.      A  final  settlement  of  boundaries  between 

the  Dutch  New  Netherlands  and  Con- 

1651,  S.>pt.  26.   Instructions  for  Captain   Robert  Dennis, 
3  Car.  2.  Mr.     Richard    Bennet,     Mr.    Thomas 

Stagge,  and  Captain  William  Clai- 
bourne,  appointed  Commissioners  for 
the  reducing  of  Virginia  and  the  inhab- 
itants thereof  to  their  .due  obedience  to 
the  comrnon-wealth*ofEi?g4and.  1.  Thur- 
loe's  state  papers,  197. 
1651,  Oct.  9.       An  act   for  increase  of  shipping  and  en- 

3  Car.  2.  couragement  of  the  navigation  of  this 

nation.     ScobelPs  acts,  1449. 
1651 -2, Mar.  12.  Articles    agreed    on    and    concluded    at 

4  Car.  2.  James  citie  in  Virginia  for  the   surren- 

dering and  settling  of  that  plantation 
under  the  obedience  and  government 
of  the  commonwealth  of  England,  by 
the  commissioners  of  the  council  of 
state,  by  authoritie  of  the  parliament  of 
England,  and  by  the  grand  assembly  of 
the  governor,  council,  and  burgesse  of 
that  state.  M.  S.  [Ante.  p.  206.] 
1651-2,Mar.l2.  An  act  of  indempnitie  made  at  the  sur- 
4  Car.  1.  render  of  the   countrey   [of  Virginia.] 

[Ante.  p.  206.] 


Capitulation  de  Port-Royal.    Mem.  Am.  1654,  Aug.  16, 

A  proclamation  of  the  protector  relating  165ft,  Car.  2. 

to  Jamaica.  3.  Thurl.  75. 
The    protector  to    the  commissioners  of  1655,  Sept.  56. 

Maryland.     A  letter.  4.  Thurl.  55.  ^  7  Car-  2- 

An   instrument    made    at    the  council  of  1655,  Oct.  8. 

Jamaica,    Oct.  8,  1655,  for  the   better  7  Car-  2« 

carrying  on  of  affairs  there.     4  Thurl. 

Treaty  of  Westminster  between  France   1655,  Nov.  3. 

and  England.  6  corps  diplom.  part  2. 

p.  121.  2  Mem.  Am.  10. 
The   assembly  at   Barbadoes  to   the   pro-   1656,  Mar.  27. 

tector.  4.  Thurl.  051.  8  Car-  2- 

A  grant  by  Cromwell  to   Sir  Charles    de   1656,  Aug.  9. 

Saint    Etienne,   a    baron   of  Scotland, 

Crowne  and  Temple.    A  French  trans- 
lation of  it.  2.  Mem.  Am.  51 1. 
A  paper   concerning  the  advancement  of  16 "6,  Car.  2. 

trade,  5  Thurl.  80. 
A  brief  narration  of  the   English  rights  to   1656,  Car.2. 

the  Northern  parts  of  America.  5.ThurL 

Mr.  R.  Bennet  and    Mr.  S.  Matthew  to   1656,  Oct.  10. 

Secretary  Thurlow.  5.  Thurl.  482.  8  Car.  2. 

Objections  against  the  Lord  Baltimore's  1656,  Oct.  10. 

patent,  and   reasons  why    the  govern-   8  Car.2. 

ment  of  Maryland   should   not   be  put 
into  his  hands.  5.  Thurl.  482. 
A  paper  relating  to  Maryland.     5.  Thurl.   16.'6,  Oct.  10. 

483.  8  Car.  2. 

A  breviet  of  the  proceedings  of  the  lord  1656,  Oct.  10, 
Baltimore  and  his  officers  and  com-  8  Car.  2. 
pliers  in  Maryland,  against  the  autho- 
rity of  the  parliament  of  the  common- 
wealth of  England  and  against  his 
highness  the  lord  protector's  author- 
ity, laws  and  government.  5.  Thurl, 


1656,  Oct.  15.      The  assembly   of  Virginia  to  Secretary 

8  Car.  2.  Thurlow.  5.  Thurl.  497. 

1657,  Apr.  4.       The  governor  of  Barbadoes  to  the  pro- 

9  Car.  2.  tector.  6.  Thurl.  169. 

1661,  Car.  2.      Petition  of  the  general  court  at  Hartford 

upon  Connecticut  for  a  charter.  Smith's 
exam.  App.  4. 

1662,  Apr.  23.     Charter  of  the    colony    of  Connecticut. 
14  Car.  2.  Smith's  exam.  App.  6. 

1662  3,Mar.24.    The  first  charter  granted   by  Charles  II. 

Apr.  4.15  C.  2.  to  the  proprietaries  of  Carolina,  to 
wit,  to  the  Earl  of  Clarendon,  Duke  of 
Albermarle,  Lord  Craven,  Lord  Berke- 
ley, Lord  Ashley,  Sir  George  Carteret, 
Sir  William  Berkeley,  and  Sir  John 
Colleton.  4.  Mem.  Am.  554. 

1664,  Feb.  10.  The  concessions  and  agreement  of  the 
lords  proprietors  of  the  province  of 
New  Caesaria,  or  New-Jersey,  to  and 
with  all  and  every  of  the  adventurers 
and  all  such  as  shall  settle  or  plant 
there.  Smith's  New  Jersey  App.  1. 

1664,  Mar.  12.    A  grant  of  the    colony   of  New-York   to 

20  Car.  *.  the  Duke  of  York. 

1664,  Apr.  26.     A   commission    to    Colonel    Nicols    and 

16  Car.  2.  others  to  settle  disputes  in  New-Eng- 

land.    Hutch.   Hist.  Mass.  Bay,   App. 

1664,  Apr.  26.  The  commission  to  Sir  Robert  Carre 
and  others  to  put  the  Duke  of  York 
in  possession  of  New-York,  New-Jer- 
sey, and  all  other  lands  thereunto  ap- 
Sir  Robert  Carre  and  others  proclamation 
to  the  inhabitants  of  New-York,  New- 
Jersey,  &c.  Smith's  N.  J.  36. 

1664,  June  23.    Deeds  of  lease  and   release  of  New-Jer- 

24.  16  Car.  2.  sey  by  the  Duke  of  York  to  Lord  Berke- 

ley and  Sir  George  Carteret. 
A  conveyance  of  the  Delaware  counties 
to  William  Penn. 


Letters  between  Stuvvesant  and  Colonel  f 1664,  Aug. 

Nicols  on  the  English  right.     Smith's  |  19-29,20- 

N.  J.  37—42.  <  30>  24- 

Treaty  between  the   English  and  Dutch  g"s*  ^ 

for  the  surrender  of  the  New-Nether-  .A^.    P*  «, 

•■T  r>i  tvt     t       ac\  lbo4,  Aug.  Z7. 

lands.     Sm.  N.  J.  42.  '      & 

Nicol's  commission  to   Sir  Robert  Carre   Sept.  3. 

to  reduce  the  Dutch  on  Delaware  bay. 

Sm.  N.  J.  47. 
Instructions  to    Sir  Robert  Carre  for  re- 
ducing of  Delaware  bay  and  settling 

the   people  there   under   his  majesty's 

obedience.     Sm.  N.  J.  47. 
Articles  of  capitulation  between  Sir  Ro-   1664,  Oct.  I. 

bert  Carre  and  the  Dutch  and   Swedes 

on  Delaware  bay  and  Delaware  river. 

Sm.  N.  J.  49. 
The  determination  of  the  commissioners    1664,  Dec.  I. 

of  the  boundary  between  the  Duke  of  16  Car.  2. 

York  and  Connecticut.     Sm.  Ex.  Ap.  9. 
The  New  Haven  case.     Smith's  Ex.  Ap.   1664. 

The  second  charter  granted  by  Charles   1665,  June  13- 

II.  to  the  same  proprietors  of  Carolina.   24.  17  Car.  2. 

4.  Mem.  Am.  586. 
Declaration     de     guerre    par    la    France    1666,  Jan.  26. 

contre    l'Angleterre.      3.    Mem.    Am. 

Declaration  of  war  by  the   king  of  Eng-    1666,  Feb.  9. 

land  against  the  king  of  France.  17  Car.  2. 

The  treaty  of  peace  between  France  and    1667,  July  31. 

England    made    at    Breda.       7    Corps 

Dipl.  part  1.  p.  41.  2.  Mem.  Am.  32. 
The  treaty  of  peace  and  alliance  between    1667,  July  31. 

England     and     the    United    Provinces 

made  at  Breda.  7.  Cor.  Dip.  p.  1.  p.  44. 

2.  Mem.  Am.  10. 
Acte  de  la  cession  de  I'Acadie   au    roi   de    1667-3,Feb.  17. 

France.  2,  Mem.  Am.  40. 
Directions  from   the  governor  and  coun-    1668,  April  21. 



ell  of  New-York  for  a  better  settlement 
of  the  government  on  Delaware.     Sm. 
N.  J.  51. 
1668.  Lovelace's  order  for  customs  at  the  Hoar- 

kills.     Sm.  N.  J.  55. 
16-IYTay  8.  A  confirmation  of  the  grant  of  the  north- 

21  Car.  2.  ern  neck  of  Virginia  to  the  Earl  of  St. 

A  loan's,   Lord  Berkeley,    Sir    William 
Moreton  and  John  Tretheway. 

1672,  Incorporation  of  the  town  of  Newcastle  or 


1673,  Feb.  25.    A  demise  of  the  colony  of  Virginia  to  the 
25  Car.  2.  Earl  of  Arlington  and  Lord  Culpepper 

for  31  years.  M.  S. 
1673-4.  Treaty  at  London  between  king   Charles 

II.  and  the  Dutch.  Article  VI. 
Remonstrances  against  the  two  grants  of 
Charles  II.  of  Northern  and  Southern 
Virginia.  MentJ*  Beverly.  65. 

1674,  July  13.     Sir  George  Carteret's  instructions  to  Go- 

vernor Carteret. 

1674,  Nov.  9.     Governor  Andros's  proclamation  on  tak- 

ing possession   cf  Newcastle    for  the 
Duke  of  York.  Cm.  II.  J.  78. 

1675,  Oct.  1.       A  proclamation   for  prohibiting  the  im- 
27  Car.  2.  portation    of  commodities   of    Europe 

into  any  of  his  majesty's  plantations  in 
Africa,  Asia,  or  America,  which  were 
not  laden  in  England  :  and  for  putting 
all  other  laws  relating  to  the  trade  of 
the  plantations  in  effectual  execution. 
1676  Mar.  3.  The  concessions  and  agreements  of  the 
proprietors,  freeholders  and  inhabitants 
of  the  province  of  West  New-Jersey  in 
America.  Sm.  N.  J.  App.  2. 

1676,  July  1.       A  deed  quintipartite  for  the  division  of 

New  Jersey. 
1676  Aug.  18.     Letter  from  the   proprietors  of  New  Jer- 
sey to  Richard  Hartshorne.     Sm.  N.  J. 


Proprietors  instructions  to  James  Wasse 
and    Richard   Hartshorne.     Sin.  N.  J. 
The  charter   of  king1   Charles  II.  to  his 

subjects  of  Virginia.  M.  S. 
Cautionary    epistle    from  the  trustees  of 
Byllinge's  part  of  New-Jersey.    Sm.  N. 
J.  84. 
Indian  deed  for  the  lands  between  Ran- 
kokas  creek  and  Timber  creek,  in  New 
Indian  deed  for  the  lands  from  Oldman's 
creek  to  Timber  creek,  in  New-Jersey. 
Indian  deed  for  the  lands  from  Rankokas 
creek    to    Assunpink  creek,    in    New- 
The   will  of  Sir    George   Carteret,    sole 
proprietor  of  East  Jersey,  ordering  the 
same  to  be  sold. 
An  order  of  the  king  in   council  for  the 
better  encouragement  of  all  his  majes- 
ty's subjects  in  their  trade  to  his  ma- 
jesty's plantations,  and  for  the  better 
information  of  all  his  majesty's  loving 
subjects  in  these  matters — Lond.  Gaz. 
No.    1596.      Title   in   Amer.    Library. 
134.  G. 
Arguments  against  the  customs  demand- 
ed in  New  West  Jersey  by  the  gover- 
nor  of   New-York,   addressed   to    the 
Duke's  commissioners.     Sm.  N.  J.  117. 
Kxtracts   of  proceedings  of  the   commit- 
of trade  and  plantations;  copies  of 
letters,  reports,  &c.  between  the  board 
of  trade,    Mr.   Penn,   Lord    Baltimore 
and  Sir  John    Werden,  in  the  behalf 
of  the  Duke  of  York  and  the  settlement 
of  the  Pennsylvania  boundaries  by  the 
L.  C.  J.  North.  Votes  of  Repr.  Pennsyl. 
vii. — xiii. 

1676,  Oct.  10. 
28  Car.  2. 


1677,  Sept.  10. 

1677,  Sept.  27. 
1677,  Oct.  10. 

1673,  Dec.  5. 

1680,  Feb.  16. 


^1680,    June 

14.  23.25. 
Oct.  16.  Nov. 
4.  8.  11.  18. 

<{  20.  23. 
Dec.  16. 
1680  1,  Jan. 

15.  22.   Feb. 


1681,  Mar.  4.      A  grant  of  Pennsylvania  to  William  Penn. 

Car«  2-  Votes  of  Represen.     Pennsyl.  xviii. 

1681,  Apr.  2.  The  king's  declaration  to  the  inhabitants 
and  planters  of  the  province  of  Penn- 
sylvania.    Vo.  llepr.  Penn.  xxiv. 

1681,  July  11.  Certain  conditions  or  concessions  agreed 
upon  by  William  Penn,  proprietary  and 
governor  of  Pennsylvania,  and  those 
who  are  the  adventurers  and  purcha- 
sers in  the  same  province. — Votes  of 
Rep.  Pennsyl.  xxiv. 

1681,  Nov.  9.     Fundamental    laws   of   the    province    of 

West  New-Jersey.   Sm.  N.  J.  126. 

1681-2,Jan.l4.  The  methods  of  the  commissioners  for 
settling  and  regulation  of  lands  in  New- 
Jersey.  Sm.  N.  J.  130. 

1681-2,  F.  1.2.  Indentures  of  lease  and  release  by  the  ex- 
ecutors of  Sir  George  Carteret  to  Wil- 
liam Penn  and  11  others,  conveying 
East  Jersey. 

1682,  Mar.  14.  The  Duke  of  York's  fresh  grant  of  East 

New  Jersey  to  the  24  proprietors. 

1682  Apr.  25.  The  frame  of  the  government  of  the  pro- 
vince of  Pennsylvania,  in  America. 
Votes  of  Repr.  Penn.  xxvii. 

1682,  Au°-.  21.  The  Duke  of  York's  deed  for  Pennsylva- 
nia.    Vo.  Repr.  Penn.  xxxv. 

1682,  Aug.  24.  The  Duke  of  York's  deed  of  feoffment  of 
Newcastle  and  twelve  miles  circle  to 
William  Perm.  Vo.  Repr.  Penn. 

1682,  Aug.  24.  The  Duke  of  York's  deed  of  feoffment  of 
a  tract  of  land  12  miles  south  from  New- 
castle to  the  Whorekills,  to  William 
Penn.     Vo.  Repr.  Penn.  xxxvii. 

1682,   Nov.  27.  A  commission  to   Thomas   Lord  Culpep- 

34  Car.  2.  per  to  be  lieutenant  and  governor-gene- 

ral of  Virginia.  M.S. 
1682,10th  mo.  An  act  of  union  for  annexing  and  uniting 

6th  day.  of  the   counties  of  Newcastle,  Jones's 

and  WhorekilPs,  alias  Deal,  to  the  pro- 


vince  of  Pennsylvania,  and  of  naturali- 
zation of  all  foreigners  in  the  province 
and  counties  aforesaid. 

An  act  of  settlement.  1632,  Dec.  6. 

The  frame  of  the  government  of  the  pro-  \6ii3,  Apr.  2. 
vince   of  Pennsylvania  and    territories 
thereunto  annexed  in  America. 

Proceedings  (  1683,  Apr.  17.  27.  1684,  Feb.  12.  1635.  Mar.  17. 
of  the  \  May  30.  July  2,  16,  23.  Aug.  18,  26. 

committee  \  June  12.         Sept.  30.  Sept.  2. 

of      trade/  Dec' 9'  Oct.  8    17,31. 

,       .  I  Nov.  7. 

and    plan-  N 

tations  in   the    dispute    between    Lord 

Baltimore    and   Mr.  Penn.     Vo.   R.  P. 

xiii. — xviii. 
A  commission  by  the  proprietors  of  East  1683,  July  17. 

New-Jersey  to   Robert   Barclay  to  be 

governor.     Sm.  N.  J.  166. 
An   order    of  council    for    issuing  a  quo  1683,  July  26. 

warranto    against    the    charter   of  the  35  Car.  2. 

colony    of  the    Massachusetts    bay  in 

New- England,  with  his  majesty's  de- 
claration that  in  case  the  said  corpora- 
tion of  Massachusetts  bay  shall  before 

prosecution    had    upon    the    same    quo 

warranto  make  a  full  submission  and 

entire  resignation  to  his  royal  pleasure, 

he   will  then   regulate   their  charter  in 

such  a  manner  as  shall  be  for  his  ser- 
vice and  the  good  of  that  colony.  Title 

in  American  library.   139,  6. 
A  commission  to  Lord  Howard  of  Effing-  1683,  Sept.  23. 

ham  to  be  lieutenant  and  governor-ge-  35  Car.  2. 

neral  of  Virginia.  M.  S. 
The  humble  address  of  the  chief  govern-  1634,  May  3. 

or,  council   and   representatives  of  the 

island  of  Xevis,  in  the  West  Indies,  pre- 
sented to  his  .Majesty  hy  Col.  Netheway 

and  Captain  Jefferson,  at  Windsor,  iMav 

3,    1684.     Title    in    Ainer.    libr.  142.  3, 

cites  Lond.  Gaz.  No,  VJ27, 


168  4,  Aug.  2.    A  treaty  with  the  Indians  at  Albany. 

1686,  Nov.  16.  A  treaty   of  neutrality  for  America  be- 

tween France  and  England.  7  Corps 
Dipl.  part  2,  p.  44.  2  Mem.  Am.  40. 

1637,  Jan.  20.  By  the  king,  a  proclamation  for  the  more 
effectual  reducing  and  suppressing  of 
pirates  and  privateers  in  America,  as 
well  on  the  sea  as  on  the  land  in  great 
numbers,  committing  frequent  robbe- 
ries and  piracies,  which  hath  occasion- 
ed a  great  prejudice  and  obstruction  to 
trade  and  commerce,  and  given  a  great 
scandal  and  disturbance  to  our  govern- 
ment in  those  parts.  Title  Amer.  libr. 
147.  2.  cites  Lond.  Gaz.  No.  2315. 

1637,  Feb.  12.  Constitution  of  the  council  of  proprietors 
of  West-Jersey.  Smith's  N.  Jersey. 

1687,  qu.  Sept.  A  confirmation  of  the  grant  of  the  North- 
27.  4  Jac.  2.  ern  neck  of  Virginia  to  Lord  Culpepper. 
1687,  Sept.  5.     Governor  Coxe's  declaration  to  the  coun- 
cil of  proprietors  of  West-Jersey.     Sm. 
N.  J.  190. 

1637,  Dec.  16.  Provisional  treaty  of  Whitehall  concern- 
ing America  between  France  and  Eng- 
land.    2.  Mem.  de  PAm.  89. 

16S7.  Governor  Coxe's  narrative  relating  to  the 

division  line,  directed  to  the  council  of 
proprietors  of  West-Jersey.  Sm.  App. 
No.  4. 

1687,  The  representation  of  the  council  of  pro- 

prietors of  Wrest-Jersey  to  Governor 
Burnet.  Smith  App.  No.  5. 
The  remonstrance  and  petition  of  the  in- 
habitants of  East  New-Jersey  to  the 
king.  Sm.  App.  No.  8. 
The  memorial  of  the  proprietors  of  East 
New- Jersey  to  the  Lords  of  trade,  Sm. 
App,  No.  9, 


Agreement  of  the  line  of'partition  between  1688,  S  pt.  5. 

East  and  West  New-Jersey.     Smith's 

N.J.  196. 
Conveyance  of  the  government  of  West-  169  L 

Jersey    and   territories,  by  Dr.  Coxe,  to 

the  West-Jersey  society. 
A  charter  granted   by  King  William  and  1691,  Oct.  7. 

Queen  Mary  to  the  inhabitants  of  the 

province  of  Massachusetts  I3av,  in  New 

England.  2  Mem.  de  PAm.  59~3. 
The  frame  of  government  of  the  province  1696,  Nov.  7. 

of    Pennsylvania    and    the    territories 

thereunto    belonging,   passed  by   Gov. 

Markham,  Nov.  7,  1G9G. 
The  treaty  of  peace  between  France  and  1697,  Sept.  20. 

England,  made   at  Rvswick.     7  Corps 

Dipl.  part  2.  p  399.   2  Mem.  Am.  89. 
The  opinion  and  answer  of  the  Lords  of  1699,  July  5. 

trade  to  the  memorial  of  the  proprietors 

of  East  N.  Jersey.     Sm.  App.  No.  10. 
The  memorial  of  the  proprietors  of  East  1700,  Jan.  15. 

New-Jersey  to  the  Lords  of  trade.  Sin. 

App.  No.  11. 
The  petition  of  the   proprietors  of  East 

and  West  New-Jersey  to  the  Lords  Jus- 
tices of  England.     Sm.  App.  No.  12. 
A  confirmation  of  the  boundary  between  1700.     W.  3. 

the  colonies  of  New-York  and  Connec- 
ticut, by  the  crown. 
The  memorial  of  the  proprietors  of  East  1701,  Aug.  12. 

and    West   Jersey    to    the    king.     Sm. 

App.  No.  14. 
Representation  of  the  Lords  of  trade  to  1701,  Oct.  2. 

the  Lords  Justices.     Sm.  App.  No.  13. 
A  treaty  with  the  Indians.  1701. 

Report  of  Lords  of  trade  to  king  William,  1701-2,  Jan.  6. 

of  draughts   of  a  commission  and  in- 
structions for  a  governor  of  N.  Jersey. 

Sm.  N.  J.  2G2. 


1702,  Apr.  15.  Surrender  from  the  proprietors  of  E.  and 
\V.  N.  Jersey,  of  their  pretended  right 
of  government  to  her  majesty  Q.  Anne. 
Sin.  N.  J.  211. 

1702,  Apr.  17.  The  Queen's  acceptance  of  the  surrender 
of  government  of  East  and  West-Jer- 
sey.    Sm.  N.  J.  219. 

1702,  Nov.  16.  Instructions  to  Lord  Cornbury.  Sm.  N. 
J.  230. 

1702,  Dec.  5.      A  commission  from  Queen  Anne  to  Lord 

Cornbury,  to  be  captain  general  and 
governor  in  chief  of  New-Jersey.  Sm. 
N.  J.  220. 

1703,  June  27.    Recognition  by  the  council  of  proprietors 

of  the  true  boundary  of  the  deeds  of 
Sept.  10,  and  Oct.  10,  1677,  (New-Jer- 
sey.)    Sm.  N.  J.  96. 

1703,  Indian  deed   for  the  lands  above  the  falls 

of  the  Delaware  in  West  Jersey. 
Indian   deed   for  the  lands  at  the  head  of 
Rankokus  river,  in  West  Jersey. 

1704,  June  18.    A  proclamation    by  Queen  Anne,  for  set- 

tling and  ascertaining  the  current  rates 
of  foreign  coins  in  America.  Sm.  N.J. 

1705,  May  3.     Additional  instructions  to  Lord  Cornbury. 

Sm.  N.  J.  235. 
1707,  May  3.     Additional  instructions  to  Lord  Cornbury. 

Sm.  N.  J.  258. 
1707,  Nov.  20.  Additional  instructions  to  Lord  Cornbury. 

Sm.  N.J.  259. 
1707.  An  answer  by  the  council  of  proprietors 

for  the  western  division  of  N.  Jersey,  to 

questions  proposed  to   them   by    Lord 

Cornbury.  Sm.  N.  J.  285. 
1708-9,  Instructions  to  Colonel  Vetch  in  his  nego- 

Feb.  28.  ciations  with  the  governors  of  America. 

Sm.  N.  J.  364. 
1703-9,  Instructions  to  the  governor  of  New-Jer- 

Feb.  28.  sey  and  New-York.  Sm.  J.  361. 


Earl   of  Dartmouth's  letter  to  governor  1710,  Aug. 

Premieres  propositions  de  la   France.  6  1711,  Apr.  22. 

Lamberty,  669,  2  Mem.  Am.  341. 
Reponses  de   la   France    aux    demandes  1711,  Oct.  8. 

preliminaries   de    la  Grande-Bretagne. 

6  Lamb.  681.  2.  Mem.  Amer.  344.                     §ept  27. 
Demandes  preliminaries  pins  particulieres  nil, 

de  la  Grande-Bretagne,  avec  les  repon-  Oct.  8. 

ses.  2  I\lem.  de  l'Am.  346.                                  Sept.  27. 
L'acceptation  de   la   part  de  la  Grande-  1711, 

Bretague.  2  Mem.  Am.  356.  Oct.  8. 

The  Queen's  instructions  to  the  Bishop  of  1711,  Dec.  23. 

Bristol  and   Earl  of  Stafford,  her  pleni- 
potentiaries, to  treat  for  a  general  peace. 

6  Lamberty,  744.  2  Mem.  Am.  358. 

A  memorial  of  Mr.  St.  John  to  the  Mar-  AT      ni 

,,,,..,  ,  tvt        i  May  24. 

quis   de    lorci,   with    regard   to  JNorth  Yl\l 

America,  to  commerce,  and  to  the  sus-  june  jo. 

pension  of  arms.     7.  Reeueil  de  Lam- 
berty 161,  2  IMern.  de  I'Amer.  376. 
lleponse  du  roi  de  France  au  memoire  de  1712,  June  10. 

Londres.       7.    Lamberty,    p.    163.     2. 

Mem.  Am.  380. 
Traite  pour  tine  suspension  d'armes  entre  1712,  Aug.  19. 

Louis  XIV.   roi  de  France,   and  Anne, 

reioe  de  la  Grande  Bretagne,  fait  a  J*a- 

ris.     8  Corps    Diplom.  part  1,    p.  308, 

2.   Mem.  d'Am.  104. 
Oilers  of  France  to  England,  demands  of  1712,  Sept.  10. 

England,   and   the  answers  of  France. 

7.  Rec.  de  Lamb.  491.  2  Mem.  Am.  390. 
Traite   de    paix  and  d'amitie  entre  Louis  Mar. 31. 

XIV.   roi  de    France,   and  Anne,  reine  1713, — ■ — 

de   la  Grande  Bretagne,  fait  a  Utrecht.         April  11. 

J5  ( lorps  Diplomatique  <le  Dumont,  3.'5'.(. 

id.  Latin.     '2  Actes  and  memo  ires  de  la 

pais   d'Utrecbt.  457.     id.  Lat.  Fr.     2. 

Mem.  Am.  J  13. 
Traite  de   navigation   and    de  commerce  Mar.  31. 

entre    Louis  XIV.   roi  de  France,  and   1713, 

Anne,   reinc   de    la   Grande-Bretagne.        April  11. 


Fait  a  Utrecht.  8  Corps  Dipl.  part  1, 
p.  345.     2  Mem.  de  1'Am.  137. 

1?26.  A  treaty  with  the  Indians. 

1728,  Jan.  The  petition  of  the  representatives  of  the 

province  of  New-Jersey,  to  have  a  dis- 
tinct governor.     Sin.  N.  J.  421. 

1732.  G.  2.  Deed  of  release  by  the  government  of 
Connecticut  to  that  of  New-York. 

1732,  June  9-20  The   charter   granted   by  George    11.   for 
5  Geo.  2.  Georgia.     4  Mem.  de  l'Am.  617. 

i?33-  Petition  of  Lord  Fairfax,  that  a  commis- 

sion might  issue  for  running  and  mark- 
ing the  dividing  line  between  his  dis- 
trict and  the  province  of  Virginia. 

1733,  Nov.  29.  Order  of  the  king  in  council    for  com- 

missioners to  survey  and  settle  the  said 
dividing  line  between  the  proprietary 
and  royal  territory. 

1736,  Aug.  S.     Report  of  the  Lords  of  trade  relating  to 

the  separating  the  government  of  the 
province  of  New-Jersey  from  New- 
York.     Sin.  N.  J.  423. 

1737,  Aug.  10.  Survey  and  report   of  the  commissioners 

appointed  on  the  part  of  the  crown  to 
settle  the  line  between  the  crown  and 
Lord  Fairfax. 

1737,  Aug.  11.  Survey  and  report  of  the   commissioners 

appointed  on  the  part  of  Lord  Fairfax 
to  settle  the  line  between  the  crown 
and  him. 

1738,  Dec.  21.  Order  of  reference  of  the  surveys  between 

the  crown  and  Lord  Fairfax  to  the 
council  for  plantation  affairs. 

1744,  June.         Treaty  with   the   Indians  of  the  Six  Na- 

tions at  Lancaster. 

1745,  April  6.     Report   of  the   council   for  plantation  af- 

fairs, fixing  the  head  springs  of  Rappa- 
hannoc  and  Patowmac,  and  a  commis- 
sion to  extend  the  line. 
1745,  April  11.  Order  of  the  king  in  council  confirming 
the  said  report  of  the  council  for  plan- 
tation affairs. 


Articles  preliminaires  pour  parvenir  a  la  1748,  April  30. 

paix,  signes  a  Aix-la-Chapelle  entre  les 

ministres  de  France,  de  la  Grande-Bre- 

tairiie,    and    des    Provinces-Unies    des 

Pays-Bas.     2  Mem.  de  1'Am.  159. 
Declaration   des   ministres  de  France,  de  1748,  May  21. 

la  Grande-Bretagrie,anddes  Provinces- 
Unies  des  Pays-Bas,   pour  rectifier   les 

articles  I.  and  II.  des  preliminaires.     2. 

Mem.  Am.  165. 
The  general  and  definitive  treaty  of  peace  1748,  Oct.  7- 18. 

concluded     at    Aix-la-Chapelle.     Lon.      22  G.  2. 

Mag.  1748.     503.     French.    2.     Mem. 

Am.  169. 
A  treaty  with  the  Indians.  1754. 

A  conference  between  governor  Bernard  1568,  Aug.  7. 

and  Indian  nations  at  Burlington.    Sm. 

N.  F.  449. 
A  conference  between   governor  Denny,  1753^  Oct.  8. 

governor  Bernard,  and  others,  and   In- 
dian nations  at  Easton.     Sm.  N.  F.  455. 
The  capitulation  of  Niagara.  1759,  July  25. 

The  king's  proclamation  promising  lands       33.  G.2. 

to  soldiers.  175 — 

The  definitive  treaty  concluded  at  Paris.  1763,   Feb.  10. 

Lon.  Mag.  1703.  149.  3.  G.  3. 

A  proclamation  for  regulating  the  cessions  1763,  Oct.  7. 

made  by  the  last  treaty  of  peace.    Guth.       G.  3. 

Geogr.  Gram.  G23. 
The  king's  proclamation  against  settling  1763. 

on  any  lauds  on   the  waters  westward 

of  the  Alleghany. 
Deed  from  the   six   nations  of  Indians  to   1768,  Nov.  3. 

William  Trent,    and   others,   for   lands 

betwixt    the    Ohio   and     MonODgahela. 

View    of  the    title    to     Indiana.     Phil, 

Stcincr  and  Cist.  177ii. 
Deed    from  the  six  nations  of  Indians  to  1768,  Nov.  5, 

the  crown  for  certain  lands  and  settling 

a  boundary.    M.  S. 


The  preceding  sheets  having  been  submitted  to  my 
friend  Mr.  Charles  Thompson,  Secretary  of  Congress, 
he  has  furnished  me  with  the  following  observations, 
which  have  too  much  merit  not  to  be  communicated. 

(A.)  p.  15.  Besides  the  three  channels  of  communi- 
cation mentioned  between  the  western  waters  and  the 
Atlantic,  there  are  two  others  to  which  the  Pennsylva- 
nians  are  turning  their  attention  ;  one  from  Presque 
Isle,  on  Lake  Erie,  to  Le  Baeuf,  down  the  Alleghaney 
to  Kiskiminitas,  then  up  the  Kiskiminitas,  and  from 
thence,  by  a  small  portage,  to  Juniata,  which  falls  into 
the  Susquehanna  :  the  other  from  Lake  Ontario  to  the 
East  Branch  of  the  Delaware,  and  down  that  to  Phila- 
delphia. Both  these  are  said  to  be  very  practicable  : 
and,  considering  the  enterprising  temper  of  the  Penn- 
sylvanians,  and  particularly  of  the  merchants  of  Phila- 
delphia, whose  object  is  concentered  in  promoting  the 
commerce  and  trade  of  one  city,  it  is  not  improbable  but 
one  or  both  of  these  communications  will  be  opened  and 

(B.)  p.  18.  The  reflections  I  was  led  into  on  viewing 
this  passage  of  the  Patowmac  through  the  Blue  ridge 
were,  that  this  country  must  have  suffered  some  violent 
convulsion,  and  that  the  face  of  it  must  have  been 
changed  from  what  it  probably  was  some  centuries  ago  : 
that  the  broken  and  ragged  faces  of  the  mountain  on 
each  side  the  river;  the  tremendous  rocks,  which  are 
left  with  one  end  fixed  in  the  precipice,  and  the  other 
jutting  out,  and  seemingly  ready  to  fall  for  want  of  sup- 
port, the  bed  of  the  river  for  several  miles  below  ob- 
structed, and  filled  with  the  loose  stones  carried  from 


tli is  mound  ;  in   short,  every  thing  on   which  you  cast 
your  eye  evidently  demonstrates  a  disrupture  and  breach 
in  the  mountain,  and  that,  before  this  happened,  what 
is  now  a  fruitful  vale,  was  formerly  a  great  lake  or  col- 
lection of  water,  which  possibly  might  have  here  form- 
ed a  mighty  cascade,  or  had  its  vent  to   the  ocean  by 
the  Susquehanna,  where   the  Blue  ridge  seems  to  ter- 
minate.    Besides  this,  there  are  other  parts  of  this  coun- 
try  which    bear  evident   traces   of   a  like  convulsion. 
From  the  best  accounts  I  have  been  able  to  obtain,  the 
place  where  the  Delaware  now  flows   through  the  Kit- 
tatinney   mountain,   which   is   a  continuation   of  what 
is  called  the  North  ridge,  or  mountain,  was  not  its  origi- 
nal course,  but  that  it  passed  through  what  is  now  call- 
ed "the  Wind-gap,"  a  place  several  miles  to  the  west- 
ward, and  about  an  hundred  feet  higher  than  the  pre- 
sent bed  of  the  river.     This  Wind-gap  is  about  a  mile 
broad,  and  the  stones  in  it  such    as  seem   to  have  been 
washed  for  ages  by  water  running  over  them.     Should 
this  have  been  the  case,  there  must  have   been  a  large 
lake   behind    that  mountain,   and    by  some    uncommon 
swell  in  the  waters,  or  by  some  convulsion  of  nature  the 
river  must  have  opened  its  way  through  a  different  part 
of  the  mountain,  and  meeting  there  with  less  obstruc- 
tion, carried  away  with  it  the  opposing  mounds  of  earth, 
and  deluged  the  country  below  with   the  immense  col- 
lection of  waters  to  which  this  new  passage  gave  vent. 
There   arc   still  remaining,   and  daily  discovered,  innu- 
merable instances  of  such  a  deluge  on  both  sides  of  the 
river,  after  it  passed  the    hills  above  the  falls   of  Tren- 
ton, and 'reached  the  champaign.     On  the  New  Jersey 
side,  which  is  flatter  than  the  Pennsylvania  side,  all  the 
country  below  Croswick  hills  seems  to  have  been  over- 
flowed to  the  distance  of  from  ten  to  fifteen  miles  back 
from  the  river,  and  to  have  acquired   a  new  soil   by  the 
earth  and  clay  brought  down  and  mixed  with  the  native 
sand.     The  spot  on  which  Philadelphia  stands  evident- 
ly appears   to    be    made    ground.      The    different   strata 
through  which  they  pass  in  digging  to  water,  the  acorns, 
leaves,  and  sometimes  branches,  which  are  found  abovo 



twenty  feet  below  the  surface,  all  seem  to  demonstrate 
this.  I  am  informed  that  at  Yorktown  in  Virginia, 
in  the  hank  of  York  river,  there  are  different  stra- 
ta of  shells  and  earth,  one  above  another,  which  seem 
to  point  out  that  the  country  there  has  undergone 
several  changes;  that  the  sea  has,  for  a  succession  of 
ages,  occupied  the  place  where  dry  land  now  appears; 
and  that  the  ground  has  been  suddenly  raised  at  vari- 
ous periods.  What  a  change  would  it  make  in  the 
country  below,  should  the  mountains  at  Niagara,  by 
any  accident,  be  cleft  asunder,  and  a  passage  suddenly 
opened  to  drain  off  the  waters  of  Erie  and  the  upper 
lakes  !  While  ruminating  on  these  subjects,  1  have  of- 
ten been  hurried  away  by  fancy,  and  led  to  imagine, 
that  what  is  now  the  bay  of  Mexico,  was  once  a  cham- 
paign country  ;  and  that  from  the  point  or  cape  of  Flo- 
rida, there  was  a  continued  range  of  mountains  through 
Cuba,  Hispaniola,  Porte  Rico,  Martinique,  Gnadaloupe, 
Barbadoes,  and  Trinidad,  till  it  reached  the  coast  of 
America,  and  formed  the  shores  which  bounded  the 
ocean,  and  guarded  the  country  behind  ;  that  by  some 
convulsion  or  shock  of  nature,  the  sea  had  broken 
through  these  mounds,  and  deluged  that  vast  plain,  till 
it  reached  the  foot  of  the  Andes:  that  being  there  heap- 
ed up  by  the  trade  winds,  always  blowing  from  one 
quarter,  it  had  found  its  way  back,  as  it  continues  to 
do,  through  the  gulph  between  Florida  and  Cuba,  car- 
rying with  it  the  loom  and  sand  it  may  have  -scooped 
from  the  country  it  had  occupied,  part  of  which  it  may 
have  deposited  on  the  shores  of  North  America,  and 
with  part  formed  the  banks  of  Newfoundland.  But 
these  are  only  the  visions  of  fancy. 

(3.)  p.  35.  There  is  a  plant,  or  weed,  called  the 
Jamestown  weed*,  of  a  very  singular  quality.  The 
late  Dr.  Bond  informed  me,  that  he  had  under  his  care 
a  patient,  a  young  girl,  who  had  put  the  seeds  of  this 
plant  into  her  eye,  which  dilated  the  pupil  to  such  a 
degree,  that  she  could  see  in  the  dark,  but  in  the  light 

*  Datura  peiicarpiis  erectis  ovatis.     Linn. 


was  almost  blind.  The  effect  that  the  leaves  had  when 
eaten  by  a  ship's  crew  that  arrived  at  Jamestown,  are 
weJ!  known. f 

(4.)  p.  07.  Mons.  Bnffon  has  indeed  given  an  afflict- 
ing picture  of  human   nature   in   his  description  of  the 
man  of  America.     But  sure   I   am   there   never  was  a 
picture   more  unlike   the  original.     He    grants  indeed 
that  bis  stature  is  the  same  as  that  of  the  man  of  Eu- 
rope.    He  might  have  admitted,  that  the  Iroquois  were 
larger,  and  the  Lenopi,  or  Dela wares,  taller  than  people 
in  Europe  generally  are.     But  he   says  their  organs  of 
generation  are  smaller  and  weaker  than  those  ot"  Euro- 
peans.    Is  this  a   fact?  I  believe   not;  at  least  it  is  an 
observation    I   never    heard    before. — 'They   have     no 
heard.'     Had  he   known  the  pains  and   trouble   it  costs 
the  men  to  pluck  out  by  the  roots  the  hair  that  grows 
on  their  faces,  he  would  have  seen  that  nature  had  not 
been  deficient   in   that  respect.     Every  nation    has  its 
customs.     I  have  seen  an    Indian  beau,  with  a  looking- 
glass  in  his  hand,  examining  his  face  for  hours  together, 
and  plucking  out  by  the  roots  every  hair  he  could  dis- 
cover, with  a  kind  of  tweezer  made   of  a  piece   of  fine 
brass  wire,  that  had   been    twisted   round   a   stick,   and 
which  he  used  with   great  dexterity. — "They  have  no 
ardour  for   their  females."     It  is  true  they  do  not  in- 
dulge those  excesses,  nor  discover  that  fondness  which 
is  customary  in  Europe  ;  but  this  is  not  owing  to  a  de- 
fect in  nature  but   to    manners.     Their  soul   is  wholly 
bent  upon    war.      This   is  what  procures  them   glory 
among  the  men,  and  makes  them  the  admiration  of  the 
women.     To  this  they  are  educated  from  their  earliest 
youth.     When  they  pursue   game  with    ardour,   when 
they  bear  the  fatigues  of  the  chase,   when  they  sustain 
and  suffer  patiently  hunger  and  cold  ;  it  is  not  so  much 
for  the  sake  of  the  game   they  pursue,  as  to   convince 
their  parents  and  the  council  of  the  nation  that  they  are 
fit  to  be  enrolled  in  the  number  of  the   warriors.     The 

t  An  instance  of  temporary    imbecility   produced   by  them  it 
mentioned,  Beverl.  H.  of  Virg.  b.  2.  c.  4. 

songs  of  the  women,  the  dance  of  the  warriors,  the  sage 
counsel  of  the  chiefs,  the  tales  of  the   old,  the    trium- 
phal entry  of  the  warriors  returning  with  success  from 
battle,  and  the  respect  paid   to   those  who  distinguish 
themselves  in  war,  and   in  subduing  their  enemies  ;  in 
short,  every  thing  they  see  or  heartendsto  inspire  them 
with  an  ardent  desire   for   military  fame.     If  a   young 
man  were  to  discover  a   fondness  for  women  before  he 
lias  been  to  war,  he  would  become  the  contempt  of  the 
men,  and   the   scorn    and    ridicule   of  the  women.     Or 
were  he  to  indulge  himself  with  a  captive  taken  in  war, 
and  much  more  were   he  to   offer   violence  in  order  to 
gratify  his  lust,  he  would  incur  indelible  disgrace.     The 
seeming  frigidity  of  the  men,  therefore,  is  the  effect  of 
manners,  and  not  a  defect  of  nature.     Besides,   a  cele- 
brated warrior  is  oftener  courted   by  the  females,  than 
he  has  occasion  to  court :  and  this  is  a  point  of  honour 
which    the   men   aim   at.     Instances  similar  to  that  of 
Ruth  and  Boaz"*  are  not  uncommon  among  them.     For 
though   the  women   are   modest  and   diffident,  and   so 
bashful  that  the}'  seldom  lift  up  their  eyes,  and  scarce 
ever  look  a  man  full  in  the  face,  yet  being  brought  up 
in  great  subjection,  custom  and  manners  reconcile  them 
to    modes   of  acting,  which,  judged   of  by  Europeans, 
would  be  deemed  inconsistent  with  the  rules  of  female 
decorum  and  propriety.     I  once  saw  a  young  widow, 
whose  husband,  a  warrior,  had  died  about  eight  days 
before,  hastening  to  finish   her  grief,  and  who  by  tear- 
ing her  hair,  beating  her  breast,  and   drinking  spirits, 
made  the  tears  flow  in  great  abundance,  in   order   that 
she  might  grieve  much  in  a  short  space  of  time,  and  be 
married  that  evening  to  another  young   warrior.     The 
manner  in  which  this  was  viewed  by  tlie    men  and  wo- 
men of  the   tribe,  who   stood  round,  solemn  and  silent 
spectators  of  the  scene,  and  the  indifference  with  which 

*  When  Boaz  had  eaten  and  drank,  and  his  heart  was  merry, 
he  went  to  lie  down  at  the  end  of  the  heap  of  corn  :  and  Ruth 
came  softly,  and  uncovered  his  feet,  and  laid  her  down.  Ruth 
hi.  7. 


they  answered  my  questions  respecting  it,  convinced 
me  that  it  was  no  unusual  custom.  I  have  known  men 
advanced  in  years,  whose  wives  were  old  and  past 
child  bearing,  take  young  wives,  and  have  children, 
though  the  practice  of  polygamy  is  not  common. — Does 
this  savour  of  frigidity,  or  want  of  ardour  for  the  fe- 
male ?  Neither  do  they  seem  to  be  deficient  in  natural 
affection.  I  have  seen  both  fathers  and  mothers  in  the 
deepest  affliction,  when  their  children  have  been  dan- 
gerously ill  ;  though  1  believe  the  affection  is  stronger 
in  the  descending  than  the  ascending  scale,  and  though 
custom  forbids  a  father  to  grieve  immoderately  for  a 
son  slain  in  battle.  "  That  they  are  timorous  and  cow- 
ardly," is  a  character  with  which  there  is  little  reason 
to  charge  them,  when  we  recollect  the  manner  in  which 

the  Iroquois  met  Mons. ,  who  marched  into  their 

country  ;  in  which  the  old  men,  who  scorned  to  fly,  or 
to  survive  the  capture  of  their  town,  braved  death,  like 
the  old  Romans  in  the  time  of  the  Gauls,  and  in  which 
they  soon  after  revenged  themselves  by  sacking  and  de- 
stroying Montreal.  But  above  all,  the  unshaken  forti- 
tude with  which  they  bear  the  most  excruciating  tor- 
tures and  death  when  taken  prisoners,  ought  to  exempt 
them  from  that  character.  Much  less  are  they  to  be  char- 
acterised as  a  people  of  no  vivacity,  and  who  are  excited 
to  action  or  motion  only  by  the  calls  of  hunger  and 
thirst.  Their  dances  in  which  they  so  much  delight, 
and  which  to  an  European  would  be  the  most  severe 
exercise,  fully  contradict  this,  not  to  mention  their  fa- 
tiguing marches,  and  the  toil  they  voluntarily  and  cheer- 
fully undergo  in  their  military  expeditions.  It  is  true, 
that  when  at  home,  they  do  not  employ  themselves  in 
labour  or  the  culture  of  the  soil  ;  but  this  again  is  the 
effect  of  customs  and  manners,  which  have  assigned 
that  to  the  province  of  the  women, —  But  it  is  said,  they 
an?  averse  to  society  and  a  social  life,  (.'an  any  thing 
be  more  inapplicable  than  this  ti>  a  people  who  always 
live  in  towns  or  clans  ?  <  )r  can  they  he  said  to  have  no 
'  republic,'  who  conduct  all  their  affairs  in  national 
councils,  who  pride  themselves  in  their  national  charac- 
ter, who  consider  an   insult  or  injury  done   to  an  indi- 


vidua]  by  a  stranger  as  done  to  the  whole,  and  resent  it 
accordingly  ?  In  short  this  picture  is  not  applicable  to 
any  nation  of  Indians  I  have  ever  known  or  heard  of 
in  North  America. 

(5.)  p.  99.     As  far  as  I  have  been  able  to  learn,  the 
country  from  the  sea  coast  to  the   Alleghany,  and  from 
the  most  southern  waters  of  James  river  up  to  Patuxen 
river,  now  in  the  state  of  Maryland,  was  occupied  by 
three  different  nations  of  Indians,  each  of  which  spoke 
a  different  language,  and  were  under  separate  and  dis- 
tinct governments.     What  the  original  or  real  names 
of  those  nations  were,  I   have   not  been   able  to  learn 
with  certainty  ;  but  by  us  they  are  distinguished  by  the 
names  of  Powhatans,  JMannahoacs,  and  Monacans,  now 
commonly  called  Tuscaroras.     The    Powhatans,  who 
occupied  the  country  from  the  sea  shore  up  to  the  falls 
of  the  rivers,  were  a  powerful  nation,  and  seem  to  have 
consisted  of  seven  tribes,  five  on  the  western  and  two 
on  the  eastern  shore.     Each  of  these  tribes  was  subdi- 
vided into  towns,  families,  or  clans,  who  lived  together. 
All  the  nations  of  Indians  in  North  America  lived  in 
the  hunter  state  and  depended  for  subsistence  on  hunt- 
ing, fishing,  and  the  spontaneous  fruits  of  the  earth,  and 
a  kind  of  grain  which  was  planted  and  gathered  by  the 
women,  and  is  now  known  by  the  name  of  Indian  corn. 
Long  potatoes,  pumpkins  of  various  kinds,  and  squashes, 
were  also   found  in  use   among  them.      They    had   no 
flocks,  herds,  or  tamed  animals  of  any    kind.     Their 
government  is  a  kind  of  patriarchal  confederacy.     Eve- 
ry town  or  family  has  a  chief,  who  is  distinguished  by 
a  particular  title,  and  whom  we  commonly  call  "  Sa- 
chem."    The  several  towns  or  families  that  compose  a 
tribe,  have  a  chief  who  presides  over  it,  and  the  several 
tribes  composing  a  nation  have   a  chief  who   presides 
over  the  whole  nation.     These  chiefs  are  generally  men 
advanced  in  years,  and  distinguished  by  their  prudence 
and  abilities  in  council.     The  matters  which  merely  re- 
gard a  town  or  family  are  settled  by  the  chief  and  prin- 
cipal men  of  the  town  :  those  which  regard  a  tribe,  such 
a3  the  appointment  of  head  warriors   or  captains,  and 
settling  differences  between  different  towns  and  fami- 


lies,  are  regulated  at  a  meeting  or  council  of  the  chiefs 
from  the  several  towns;  and  those  which  regard  the 
whole  nation,  such  as  the  making  war,  concluding 
peace,  or  forming  alliances  with  the  neighbouring  na- 
tions, are  deliberated  on  and  determined  in  a  national 
council  composed  of  the  chief  of  the  tribe,  attended 
by  the  head  warriors  and  a  number  of  the  chiefs  from 
the  towns,  who  are  bis  counsellors.  In  every  town 
there  is  a  council  bouse,  where  the  chief  and  old  men  of 
the  town  assemble,  when  occasion  requires,  and  con- 
sult what  is  proper  to  be  done.  Every  tribe  has  a  fixed 
place  for  the  chiefs  of  the  towns  to  meet  and  consult  on 
the  business  of  the  tribe  :  and  in  every  nation  there  is 
what  they  call  the  central  council  house,  or  central 
council  fire,  where  the  chiefs  of  the  several  tribes,  with 
the  principal  warriors,  convene  to  consult  and  determine 
on  their  national  affairs.  When  any  matter  is  propos- 
ed in  the  national  council,  it  is  common  for  the  chiefs 
of  the  several  tribes  to  consult  thereon  apart  with  their 
counsellors,  and  when  they  have  agreed,  to  deliver  the 
opinion  of  the  tribe  at  the  national  council  :  and,  as 
their  government  seems  to  rest  wholly  on  persuasion, 
they  endeavour,  by  mutual  concessions,  to  obtain  una- 
nimity. Such  is  the  government  that  still  subsists 
among  the  Indian  nations  bordering  upon  the  United 
States.  Some  historians  seem  to  think,  that  the  digni- 
ty of  office  of  Sachem  was  hereditary.  But  that  opinion 
does  not  appear  to  be  well  founded.  The  sachem  or 
chief  of  the  tribe  seems  to  be  by  election.  And  some- 
times persons  who  are  strangers,  and  adopted  into  the 
tribe,  are  promoted  to  this  dignity,  on  account  of  their 
abilities.  Thus  on  the  arrival  of  Captain  Smith,  the 
first  founder  of  the  colony  of  Virginia,  Opechanca- 
nough,  who  was  Sachem  or  chief  of  the  Chickahonii- 
nies,  one  of  the  tribes  of  the  Powhatans,  is  said  to  have 
been  of  another  tribe,  and  even  of  another  nation,  so 
that  DO  certain  account  could  be  obtained  of  his  origin 
or  descent.  The  chiefs  of  the  nation  seem  to  have  been 
by  a  rotation  among  the  tribes.  Tims  when  Capt. 
Smith,  in   the  year   1  G0L>,   questioned    Powhatan   (who 


was  the  chief  of  the  nation,  and  whose  proper  name  is 
said  to  have  been  Wahunsonacock)  respecting  the  suc- 
cession, the  old  chief  informed  him,  "that  he  was  very 
old,  and  had  seen  the  death   of  all  his   people  thrice*; 
that  not  one   of  these  generations  were  then  living  ex- 
cept himself;  that   he   must  soon   die,  and   the  succes- 
sion descend  in  order  to  his  brothers  Opichapan,  Ope- 
chancanough,  and  Catataugh,  and  then  to  his  two  sis- 
ters,   and    their    two    daughters."        But    these    were 
appellations  designating  the   tribes  in  the  confederacy. 
For  the  persons  named  are  not  his  real  brothers,  but  the 
chiefs  of  different  tribes.     Accordingly  in    1618,  when 
Pow7hatan  died,  he  was  succeeded   by  Opichapan,  and 
after  his  decease  Opechancanough  became  chief  of  the 
nation.     J  need  only  mention  another  instance  to  show 
that  the  chiefs  of  the  tribes  claimed  this  kindred   with 
the  head  of  the  nation.     Jn   1622,  when  Raleigh  Cras- 
haw  was  with    .Tapazaw,   the    Sachem   or   chief  of  the 
Patomacs,  Opechancanough,  who  had  great  power  and 
influence,  being  the  second  man  in  the  nation,  and  next 
in  succession  to   Opichapan,   and  who  was  a  bitter  but 
secret  enemy  to  the  English,  and  wanted  to  engage  his 
nation  in  a  war  with  them,  sent   two  baskets  of  beads 
to  the  Patomac  chief,  and  desired   him   to  kill  the  En- 
glishman that  was  with  him.     Japazaw  replied,  that  the 
English  were  his  friends,   and   Opichapan  his  brotherf 
and  that  therefore   there  should  be  no  blood  shed  be- 
tween them  by  his  means.     It  is   also  to  be  observed, 

*  This  is  one  generation  more   than   the  poet   ascribes  to  the 
life  of  Nestor. 

To  d'  ede  duo  men  geneai  meropo  anthiopon 
Ephthiath  oi  oi  prosthen  ama  traphen  ed*  egneonto 
En  Pulb"  egathee,  ineta  de  tritatoisin  anassen. 

I.  Hom.II.250. 

Two  generations  now  had  passed  away, 
AVise   by   his  rules,  and  happy  by  his  sway  ; 
Two  ages  o'er  his  native  realm  he  reignVl, 
And  now  th1  example  of  the  third  remain'd. 



that  when  the  English  first  came  over,  in  all  their  con- 
ferences with  any  of  the  chiefs,  they  constantly  heard 
him  make  mention  of  his  brother,  with  whom  he  must 
consult,  or  to  whom  he  referred  them,  meaning  thereby 
either  the  chief  of  the  nation,  or  the  tribes  in  confede- 
racy. The  Manahoacks  are  said  to  have  been  a  con- 
federacy of  four  tribes,  and  in  alliance  with  the  Mona- 
cans,  in  the  war  which  they  were  carrying  on  against 
the  Powhatans. 

To  the  northward  of  these  there  was  another  power- 
ful nation  which  occupied  the  country  from  the  head  of 
the  Chesapeak-bay  up  to  the  Kittatiuney  mountain,  and 
as  far  eastward   as  Connecticut  river,  comprehending 
that  part   of  New  York  which    lies  between  the  High- 
lands and  the  ocean,  all  the   state  of  New  Jersey,  that 
part  of  Pennsylvania  which  is  watered  below  the  range 
of  the  Kittatiuney  mountains,  by  the  rivers  or  streams 
falling  into  the  Delaware,  and   county  of  Newcastle   in 
the  state  of  Delaware,  as  far  as  Duck  creek.      It  is  to  be 
observed,  that  the  nations  of  Indians  distinguished  their 
countries  one  from  another  by  natural  boundaries,  such 
as  ranges  of  mountains   or  streams  of  water.      But  as 
the   heads  of  rivers  frequently  interlock,  or  approach 
near  to  each   other,  as   those    who  live  upon    a  stream 
claim  the  country  watered  by  it,  they  often  encroached 
on  each  other,  and  this  is  a  constant  source  of  war  be- 
tween the  different  nations.     The  nation  occupying  the 
tract  of  country  last  described,  call  themselves  Lenopi* 
The  French  writers  call   them   Loops;   and  among  the 
English    they   are   now    commonly    called    Delawares. 
This  nation  or  confederacy  consisted  of  five  tribes,  who 
all  spoke  one  language.     1.  The  Chihohocki,  who  dwelt 
on   the  west  side  of  the  river  now  called   Delaware,  a 
name  which  it  took  from  Lord  De  la  War,  who  put  in- 
to it  on  \\\<  passage  from  Virginia  in  the  year  ,  but 
which  by  the  Indians  was  called   Chihohocki.     2.  The 
Wanami,  who  inhabit  the   country  called   Now  Jersey, 
from    the    Rariton    to  the   sea.      3.  The    Munsey,   who 
dwelt  on  the  upper  streams  of  the  Delaware,  from   the 
Kittatiuney  mountains  clown  to  the  Lehigh  or  western 



branch  of  the  Delaware.     4.  The  Wabinga,  who   are 
sometimes  called  River  Indians,  sometimes  Mohickan- 
ders,  and   who  had   their  dwelling   between   the   west 
branch  of  Delaware  and  Hudson's  river,  from  the  Kit- 
tatinney  ridge  down  to  the  Rariton  :  and  5.     The  Ma- 
hiccon,  or  Mahattan,  who  occupied  Statan  Island,  York 
Island  (which  from  its  being  the  principal  seat  of  their 
residence  was  formerly  called  Manhatton)  Long  Island 
and  that  part  of  New- York  and  Connecticut  which  lies 
between  Hudson  and  Connecticut  rivers,  from  the  high- 
land which  is  a  continuation  of  the   Kittatinney  ridge 
down  to  the  sound.     This  nation  had  a  close  alliance 
with  the  Shawanese,  who   lived   on   the   Susquehanna 
and  to  the  westward  of  that  river,  as  far  as  the  Allegha- 
ney  mountains,  and  carried  on  a  long  war  with  another 
powerful  nation  or  confederacy  of  Indians,  which  lived 
to  the  north   of  them  between   the  Kittatinney  moun- 
tains, or  highlands,  and  the  lake  Ontario,  and  who  call 
themselves  Mingoes,and  are  called  by  the  French  writ- 
ers Iroquois,  by  the  English  the  Five  Nations,  and   by 
the  Indians  to  the  southward,  with  whom  they  were  at 
war,   Massawomacs.      This  war  was  carrying  on  its 
greatest  fury,  when   captain  Smith  first  arrived  in  Vir- 
ginia.    The  Mingo  warriors  had  penetrated  down  the 
Susquehannah  to  the  mouth  of  it.     In  one  of  his  excur- 
sions  up  the  bay,   at  the  mouth  of  Susquehannah,  in 
1608,  captain  Smith  met  with  six  or  seven  of  their  ca- 
noes full  of  warriors,  who  were  coming  to  attack  their 
enemies  in  the  rear.     In  an   excursion  which  he  had 
made  a  few  weeks  before  up  the  Rappahannock,  and  in 
which  he  had  a  skirmish  with  a  party  of  the  Manaho- 
acs,  and  taken  a  brother  of  one  of  their  chiefs  prisoner, 
he  first  heard  of  this  nation.    For  when  he  asked  the  pri- 
soner, why  his  nation  attacked  the  English,  the  prisoner 
said,because  his  nation  had  heard  that  the  English  came 
from  under  the  world   to  take  their  world  from  them. 
Being  asked,  how  many  worlds  he  knew?  he  said,   he 
knew  but  one,  which   was  under  the  sky  that  covered 
him,  and  which  consisted *of  Powhatans,  the  Manakins, 
and  the  Massawomacs.     Being  questioned  concerning 


the  latter,  he  said,  they  dwelt  on  a  great  water  to  the 
North,  that  they  had  many  boats,  and  so  many  men, 
that  they  waged  with  all  the  rest  of  the  world.  The 
Mingo  confederacy  then  consisted  of  five  tribes;  three 
who  are  the  elder,  to  wit,  the  Senecas,  who  live  to  the 
West,  the  Mohawks  to  the  East,  and  the  Onondagas 
between  them  ;  and  two  who  are  called  the  younger 
tribes,  namely,  the  Cayugas  and  Oneidas.  All  these 
tribes  speak  one  language,  and  were  then  united  in  a 
close  confederacy,  and  occupied  the  tract  of  country 
from  the  east  end  of  lake  Erie  to  lake  Champlain,  and 
from  the  Kittatinney  and  Highlands  to  the  Lake  Onta- 
rio and  the  river  Cadaraqui,  or  St.  Lawrence.  They 
had  sometime  before  that,  carried  on  a  war  with  a  na- 
tion, who  Jived  beyond  the  lakes,  and  were  Adirondacs. 
In  this  war  they  were  worsted  :  but  having  made  a 
peace  with  them,  through  the  intercession  of  the  French 
who  were  then  settling  Canada,  they  turned  their  arms 
against  the  Lenopi  ;  and  as  this  war  was  long  and 
doubtful,  they,  in  the  course  of  it,  not  only  exerted 
their  whole  force,  but  put  in  practice  every  measure 
which  prudence  or  policy  could  devise  to  bring  it  to  a 
successful  issue.  For  this  purpose  they  bent  their 
course  down  the  Susquehannah,  and  warring  with  the 
Indians  in  their  way,  and  having  penetrated  as  far  as  the 
mouth  of  it,  they,  by  the  terror  of  their  arms,  engaged 
a  nation,  now  known  by  the  name  of  Nanticocks,  Co- 
noys,  and  Tuteloes,  and  who  lived  between  Chesapeake 
and  Delaware  bays,  and  bordering  on  the  tribe  of  Chio- 
hocki,  to  enter  into  an  alliance  with  them.  They  also 
formed  an  alliance  with  the  Monakans,  and  stimulated 
them  to  a  war  with  the  Lenopi  and  their  confederates. 
At  the  same  time  the  Mohawks  carried  on  a  furious  war 
down  the  Hudson  against  the  Mohiccons  and  River  In- 
dians, and  compelled  them  to  purchase  a  temporary  and 
precarious  peace,  by  acknowledging  them  to  be  their 
superiors,  and  paying  an  annual  tribute.  The  Lenopi 
being  surrounded  with  enemies,  and  hard  pressed,  and 
having  lost  many  of  their  warriors,  were  at  last  com- 
pelled to  sue  for  pea<  e,  which  was  granted  to  them  on 


the  condition  that  they  should  put  themselves  under 
the  protection  of  the  Mingoes,  confine  themselves  to 
raising  corn,  hunting  for  the  subsistence  of  their  fami- 
lies, and  no  longer  have  the  power  of  making  war.  This 
is  what  the  Indians  call  making  them  women.  And  in 
this  condition  the  Lenopis  were  when  William  Penn 
first  arrived  and  began  the  settlement  of  Pennsylvania 
in  1682. 

(6.)  p.  106.  From  the  figurative  language  of  the  In- 
dians, as  well  as  from  the  practice  of  those  we  are  still 
acquainted  with,  it  is  evident  that  it  was  and  still  con- 
tinues to  be,  a  constant  custom  among  the  Indians  to 
gather  up  the  bones  of  the  dead,  and  deposite  them  in  a 
particular  place.  Thus,  when  they  make  peace  with 
any  nation  with  whom  they  have  been  at  war,  after 
burying  the  hatchet,  they  take  up  the  belt  of  wampum, 
and  say,  "  We  now  gather  up  all  the  bones  of  those 
who  have  been  slain,  and  bury  them,  &c."  See  all  the 
treaties  of  peace.  Besides,  it  is  customary  when  any 
of  them  die  at  a  distance  from  home,  to  bury  them,  and 
afterwards  to  come  and  take  up  the  bones  and  carry 
them  home.  At  a  treaty  which  was  held  at  Lancaster 
with  the  Six  Nations,  one  of  them  died,  and  was  buried 
in  the  woods  a  little  distance  from  the  town.  Some 
time  after  a  party  came  and  took  up  the  body,  separat- 
ed the  flesh  from  the  bones  by  boiling  and  scraping  them 
clean,  and  carried  them  to  be  deposited  in  the  sepul- 
chres of  their  ancestors.  The  operation  was  so  offen- 
sive and  disagreeable,  that  nobody  could  come  near 
them  while  they  were  performing  it. 

(7.)  p.  110.  The  Oswegatchies,  Connosedagoes  and 
Cohunnegagoes,  or  as  they  are  commonly  called,  Cagh- 
newagos,  are  of  the  Mingo  or  Six  Nation  Indians,  who 
by  the  influence  of  the  French  missionaries,  have  been 
separated  from  their  nation,  and  induced  to  settle  there. 

I  do  not  know  of  what  nation  the  Augquaghahs  are  ; 
but  suspect  they  are  a  family  of  the  Senecas. 

The  Nanticocks  and  Conoies  were  formerly  of  a  na- 
tion that  lived  at  the  head  of  Chesapeake  bay,  and  who, 
of  late  years,  have  been  adopted  into  the  Mingo  orlro- 


quois  confederacy,  and  make  a  seventh  nation.  The 
Monacans  or  Tuscaroras,  who  were  taken  into  the  con- 
federacy, in  1712,  making  the  sixth. 

The  Saponies  are  families  of  the  Wanamies,  who 
removed  from  New  Jersey,  and,  with  the  Mohiccons, 
IMunsies,  and  Delawares,  belong-  to  the  Leouopi  na- 
tion. The  iMingos  are  a  war  colony  from  the  Six  Na- 
tions ;  so  are  the  Cohunnewagos, 

Of  the  rest  of  the  northern  tribes  1  never  have  been 
able  to  learn  any  thing  certain.  But  all  accounts  seem 
to  agree  in  this,  that  there  is  a  very  powerful  nation, 
distinguished  by  a  variety  of  names  taken  from  the  se- 
veral towns  or  families,  but  commonly  called  Tawas  or 
Outawas,  who  speak  one  language,  and  live  round  and 
on  the  waters  that  fall  into  the  western  lakes,  and  ex- 
tend from  the  waters  of  the  Ohio  quite  to  the  waters 
falling  into  Hudson's  bay. 

NO.  II. 

In  the  Summer  of  the  Year  1783,  it  was  expected,  that  the 
Assembly  of  Virginia  would  call  a  Convention  for 
the  Establishment  of  a  Constitution.  —  Tlic  following 
Draught  of  a  Fundamental  Constitution  for  the  Com- 
monwealth of  Virginia  was  then  prepared,  with  a  De- 
sign of  being  proposed  in  such  Convention  had  it  taken 

To  the  Citizens  of  the  Commonwealth  of  Virginia, 
and  all  others  whom  it  may  concern,  the  Delegates  for 
the  said  Commonwealth  in  Convention  assembled,  send 

It  is  Known  to  you,  and  to  the  world,  that  the  govern- 
ment of  Great  Britain,  with  which  the  American  States 
were  not  long  since  connected,  assumed  over  them  an 
authority  unwarrantable  and  oppressive;  that  they  en- 


deavoured  to  enforce  this  authority  by  arms,  and  that 
the  States  of  New  Hampshire,  Massachusetts,  Rhode 
Island,  Connecticut,  New  York,  New  Jersey,  Pennsyl- 
vania, Delaware,  Maryland,  Virginia,  North  Carolina, 
South  Carolina,   and   Georgia,  considering  resistance, 
with  all  its  train  of  horrors,  as  a  lesser  evil  than  abject 
submission,  closed  in  the  appeal  to  arms.  It  hath  pleased 
the  Sovereign  Disposer  of  all  human  events  to  give  to 
this  appeal  an   issue  favourable  to   the  rights  of  the 
States-,  to  enable  them  to  reject  forever  all  dependance 
on  a  government  which  had   shown  itself  so  capable  of 
abusing  the  trusts  reposed  in  it ;  and  to  obtain  from  that 
government  a  solemn  and  explicit  acknowledgment  that 
they  are  free,  sovereign,  and  independent  States.     Dur- 
ing the  progress  of  that  war,  through  which  we  had  to 
labour  for  the  establishment  of  our  rights,  the  legisla- 
ture of  the  commonwealth  of  Virginia  found  it  necessa- 
ry to   make   a  temporary  organization   of  government 
for  preventing  anarchy,  and  pointing  our  efforts  to  the 
two  important  objects  of  war  against  our  invaders,  and 
peace  and  happiness  among   ourselves.     But  this,  like 
all  other  acts  of  legislation,  being  subject  to  change  by 
subsequent  legislatures,  possessing  equal  powers  with 
themselves;    it   has   been    thought   expedient,   that   it 
should  receive  those  amendments  which  time  and  trial 
have  suggested,  arid  be  rendered  permanent  by  a  power 
superior  to  that  of  the  ordinary  legislature.     The  gen- 
eral assembly  therefore   of  this  state  recommend  it  to 
the  good  people  thereof,  to  choose  delegates  to  meet 
in  general  convention,  with  powers  to  form  a  constitu- 
tion of  government  for  them,  and  to  declare  those  fun- 
damentals to   which  all   our  laws  present  and  future 
shall  be  subordinate:  and,  in   compliance  with  this  re- 
commendation,   they   have    thought   proper    to   make 
choice  of  us,    and  to  vest  us  with  powers  for  this  pur- 

We,  therefore,  the  delegates,  chosen  by  the  said  good 
people  of  this  state  for  the  purpose  aforesaid,  and  now 
assembled  in  general  convention,  do  in  execution  of 
the  authority  with  which  we  are  invested,  establish  the 


following  constitution  and  fundamentals  of  government 
for  the  said  state  of  Virginia. 

The  said  state  shall  forever  hereafter  be  governed  as 
a  commonwealth. 

The  powers  of  government  shall  be  divided  into 
three  distinct  departments,  each  of  them  to  be  confided 
to  a  separate  body  of  magistracy  ;  to  wit,  those  which 
are  legislative  to  one,  those  which  are  judiciary  to 
another,  and  those  which  are  executive  to  another. 
No  person,  or  collection  of  persons,  being  of  one  of 
these  departments,  shall  exercise  any  power  properly 
belonging  to  either  of  the  others,  except  in  the  instance 
hereinafter  expressly  permitted. 

The  legislature  shall  consist  of  two  branches,  the 
one  to  be  called  the  House  of  Delegates,  the  other 
the  Senate,  and  both  together  the  General  Assembly. 
The  concurrence  of  both  of  these,  expressed  on  three 
several  readings,  shall  be  necessary  to  the  passage  of  a 

Delegates  for  the  general  assembly  shall  be  chosen 
on  the  last  Monday  of  November  in  every  year. — 
But  if  an  election  cannot  be  concluded  on  that  day, 
it  may  be  adjourned  from  day  to  day  till  it  can  be  con- 

The  number  of  delegates  which  each  county  may 
send  shall  be  in  proportion  to  the  number  of  its  quali- 
fied electors:  and  the  whole  number  of  delegates  for 
the  state  shall  be  so  proportioned  to  the  whole  num- 
ber of  qualified  electors  in  it,  that  they  shall  never 
exceed  300,  nor  be  fewer  than  100.  Whenever  such 
excefs  or  deficiency  shall  take  place,  the  House  of 
Delegates  so  deficient  or  excessive  shall,  notwith- 
standing this,  continue  in  being  during  its  legal  term  : 
but  they  shall,  during  that  term,  re-adjust  the  pro- 
portion, so  as  to  bring  their  number  within  the  limits 
before  mentioned  at  the  ensuing  election.  If  any 
county  be  reduced  in  its  qualified  electors  below  the 
number  authorised  to  Bend  one  delegate,  let  it  be  an- 
nexed to  some  adjoining  county. 

For  the  election  of  senators,  let  the  several  coun- 
ties be  allotted  by  the  senate,  from  time  to  time,  into 
such  and  so  many  districts  as  they  shall  find  best;  and 
let  each  county  at  the  time  of  electing  its  delegates, 
choose  senatorial  electors,  qualified  as  themselves  are, 
and  four  in  number  for  each  delegate  their  county  is 
entitled  to  send,  who  shall  convene,  and  conduct  them- 
selves, in  such  manner  as  the  legislature  shall  direct, 
with  the  senatorial  electors  from  the  other  counties  of 
their  district,  and  then  choose,  by  ballot,  one  senator 
for  every  six  delegates  which  their  district  is  entitled  to 
choose.  "  Let  the  senatorial  districts  be  divided  into 
two  classes,  and  let  the  members  elected  for  one  of 
them  be  dissolved  at  the  first  ensuing  general  election 
of  delegates,  the  other  at  the  next,  and  so  on  alternate- 
ly for  ever. 

All  free  male  citizens,  of  full  age,  and  sane  mind, 
who  for  one  year  before  shall  have  been  resident  in 
the  county,  or  shall  through  the  whole  of  that  time 
have  possessed  therein   real  property  of  the  value  of 

or  shall  for  the  same  time  have  been 
enrolled  in  the  militia,  and  no  others,  shall  have  a  right 
to  vote  for  delegates  for  the  said  county,  and  for  sena- 
torial electors  for  the  district.  They  shall  give  their 
votes  personally,  and  viva  voce. 

The  general  assembly  shall  meet  at  the  place  to 
which  the  last  adjournment  was,  on  the  42d  day  after 
the  day  of  election  of  delegates,  and  thenceforward  at 
any  other  time  or  place  on  their  own  adjournment,  till 
their  office  expires,  which  shall  be  on  the  day  preced- 
ing that  appointed  for  the  meeting  of  the  next  general 
assembly.  But  if  they  shall  at  any  time  adjourn  for 
more  than  one  year,  it  shall  be  as  if  they  had  adjourned 
for  one  year  precisely.  Neither  house,  without  the  con- 
currence of  the  other,  shall  adjourn  for  more  than  one 
week,  nor  to  any  other  place  than  the  one  at  which 
they  are  sitting.  The  governor  shall  also  have  power, 
with  the  advice  of  the  council  of  state,  to  call  them  at 
any  other  time  to  the  same  place,  or  to  a  different  one, 
if  that  shall  have  become  since  the  last  adjournment, 
dangerous  from  an  enemy,  or  from  infection. 


A  majority  of  either  house  shall  be  a  quorum,  and 
shall  be  requisite  for  doing  business  :  but  any  smaller 
proportion  which  from  time  to  time  shall  be  thought 
expedient  by  the  respective  houses,  shall  be  sufficient 
to  call  for,  and  to  punish,  their  nonattending  mem- 
bers, and  to  adjourn  themselves  for  any  time  not  exceed- 
ing one  week. 

The  members,  during  their  attendance  on  the  general 
assembly,  and  for  so  long  a  time  before  and  after  as 
shall  be  necessary  for  travelling  to  and  from  the  same, 
shall  be  privileged  from  all  personal  restraint  and  as- 
sault, and  shall  have  no  other  privilege  whatsoever. 
They  shall  receive  during  the  same  time,  daily  wages 
in  gold  or  silver,  equal  to  the  value  of  two  bushels  of 
wheat.  This  value  shall  be  deemed  one  dollar  by  the 
bushel  till  the  year  1790,  in  which,  and  in  every  tenth 
year  thereafter,  the  general  court,  at  their  first  sessions 
in  the  year,  shall  cause  a  special  jury,  of  the  most  re- 
spectable merchants  and  farmers,  to  be  summoned,  to 
declare  what  shall  have  been  the  averaged  value  of 
wheat  during  the  last  ten  years  ;  which  averaged  value 
shall  be  the  measure  of  wages  for  the  ten  subsequent 

Of  this  general  assembly,  the  treasurer,  attorney- 
general,  register,  ministers  of  the  gospel,  officers  of 
the  regular  armies  of  this  state,  or  of  the  United  States, 
persons  receiving  salaries  or  emoluments  from  any 
power  foreign  to  our  confederacy,  those  who  are  not 
resident  in  the  county  for  which  they  are  chosen  dele- 
gates, or  districts  for  which  they  are  chosen  senators, 
those  who  are  not  qualified  as  electors,  persons  who 
shall  have  committed  treason,  felony,  or  such  other 
crime  as  would  subject  them  to  infamous  punishment, 
or  who  shall  have  been  convicted  by  due  course  of  law 
of  bribery  or  corruption,  in  endeavouring  to  procure  an 
election  to  the  said  assembly,  shall  bo  incapable  of  be- 
ing members.  All  others,  not  herein  elsewhere  exclud- 
ed, who  may  elect,  shall  be  capable  of  being  elected 


Any  member  of  the  said  assembly  accepting  any  of- 
fice of  profit  under  this  state,  or  the  United  States,  or 
any  of  them,  shall  thereby  vacate  his  seat,  but  shall  be 
capable  of  being  reelected. 

Vacancies  occasioned  by  such  disqualifications,  by 
death,  or  otherwise,  shall  be  supplied  by  the  electors, 
on  a  writ  from  the  speaker  of  the  respective  house. 

The  general  assembly  shall  not  have  power  to  in- 
fringe this  constitution  ;  to  abridge  the  civil  rights  of 
any  person  on  account  of  his  religious  belief ;  to  restrain 
him  from  professing  and  supporting  that  belief,  or  to 
compel  him  to  contributions,  other  than  those  he  shall 
have  personally  stipulated  for  the  support  of  that  or 
any  other;  to  ordain  death  for  any  crime  but  treason 
or  murder,  or  military  offences ;  to  pardon,  or  give  a 
power  of  pardoning  persons  duly  convicted  of  treason 
or  felony,  but  instead  thereof  they  may  substitute  one 
or  two  new  trials,  and  no  more  ;  to  pass  laws  for  pun- 
ishing actions  done  before  the  existence  of  such  laws ; 
to  pass  any  bill  of  attainder  of  treason  or  felony  ;  to 
prescribe  torture  in  any  case  whatever;  nor  to  permit 
the  introduction  of  an3r  more  slaves  to  reside  in  this 
state,  or  the  continuance  of  slavery  beyond  the  genera- 
tion which  shall  be  living  on  the  thirty-first  day  of  De- 
cember, one  thousand  eight  hundred  :  all  persons  born 
after  that  day  being  hereby  declared  free. 

The  general  assembly  shall  have  power  to  sever 
from  this  state  all  or  any  part  of  its  territory  west- 
ward of  the  Ohio,  or  of  the  meridian  of  the  mouth 
of  the  Great  Kanhaway,  and  to  cede  to  Congress  one 
hundred  square  miles  of  territory  in  any  other  part 
of  this  state,  exempted  from  the  jurisdiction  and  go- 
vernment of  this  state  so  long  as  Congress  shall  hold 
their  sessions  therein,  or  in  any  territory  adjacent 
thereto,  which  may  be  ceded  to  them  by  any  other 

They  shall  have  power  to  appoint  the  speakers  of 
their  respective  houses,  treasurer,  auditors,    attorney- 
general,  register,    all   general  officers  of  the   military, 
their  own   clerks  and  Serjeants,  and  no  other  officers, 


except  where,  in  other  parts  of  this  constitution,  such 
appointment  is  expressly  given  them. 

The  executive  powers  shall  be  exercised  by  a  Go- 
vernor, who  shall  be  chosen  by  joint  ballot  of  both 
houses  of  assembly,  and  when  chosen  shall  remain  in 
office  five  years,  and  be  ineligible  a  second  time.  Du- 
ring his  term  he  shall  hold  no  other  office  or  emolu- 
ment under  this  state,  or  any  other  state  or  power 
whatsoever.  By  executive  powers,  we  mean  no  refer- 
ence to  those  powers  exercised  under  our  former  gov- 
ernment by  the  crown  as  of  its  prerogative,  nor  that 
these  shall  be  the  standard  of  what  may  or  may  not  be 
deemed  the  rightful  powers  of  the  governor.  We  give 
him  those  powers  only,  which  are  necessary  to  execute 
the  laws  (and  administer  the  government)  and  which 
are  not  in  their  nature  either  legislative  or  judiciary. 
The  application  of  this  idea  must  be  left  to  reason.  We 
do  however  expressly  deny  him  the  prerogative  powers 
of  erecting  courts,  offices,  boroughs,  corporations,  fairs, 
markets,  ports,  beacons,  light-houses,  and  sea-marks  ; 
of  laying  embargoes,  of  establishing  precedence,  of  re- 
taining within  the  state,  or  recalling  to  it  any  citizens 
thereof,  and  of  making  denizens,  except  so  far  as  he 
may  be  authorised  from  time  to  time  by  the  legislature 
to  exercise  any  of  those  powers.  The  power  of  de- 
claring war  and  concluding  peace,  of  contracting  allian- 
ces, of  issuing  letters  of  marque  and  reprisal,  of  raising 
and  introducing  armed  forces,  of  building  armed  ves- 
sels, forts,  or  strong  holds,  of  coining  money  or  regu- 
lating its  value,  of  regulating  weights  and  measures,  we 
leave  to  be  exercised  under  the  authority  of  the  confed- 
eration :  but  in  all  cases  respecting  them  which  are  out 
of  the  said  confederation,  they  shall  be  exercised  by 
the  governor,  under  the  regulation  of  such  laws  as  the 
legislature  may  think  it  expedient  to  pass. 

The  whole  military  of  the  state,  whether  regular,  or 
of  militia,  shall  be  BUDJecl  to  his  directions  ;  but  he  shall 
leave  the  execution  of  those  directions  to  the  general 
officers  appointed  by  the  legislature. 


His  salary  sball  be  fixed  by  tbe  legislature  at  tbe 
session  of  the  assembly  in  which  he  shall  be  appoint- 
ed, and  before  such  appointment  be  made  ;  or  if  it  be 
not  then  fixed,  it  shall  be  the  same  which  his  next 
predecessor  in  office  was  entitled  to.  In  either  case 
he  may  demand  it  quarterly  out  of  any  money  which 
shall  he  in  the  public  treasury  ;  and  it  shall  not  be  in 
the  power  of  the  legislature  to  give  him  less  or  more, 
either  during  his  continuance  in  office,  or  after  he 
shall  have  gone  out  of  it.  The  lands,  houses,  and 
other  things  appropriated  to  the  use  of  the  governor, 
shall  remain  to  his  use  during  his  continuance  in 

A  Council  of  State  shall  be  chosen  by  joint  ballot  of 
both  houses  of  assembly,  who  shall  hold  their  offices 
seven  years,  and  be  ineligible  a  second  time,  and  who, 
while  they  shall  lie  of  the  said  council, shall  hold  no  other 
office  or  emolument  under  this  state,  or  any  other  state 
or  power  whatsoever.  Their  duty  shall  be  to  attend 
and  advise  the  governor  when  called  on  by  him,  and 
their  advice  in  any  case  shall  be  a  sanction  to  him. 
They  shall  also  have  power,  and  it  shall  be  their  duty, 
to  meet  at  their  own  will,  and  to  give  their  advice, 
though  not  required  by  the  governor,  in  cases  where 
they  shall  think  the  public  good  calls  for  it.  Their  ad- 
vice and  proceedings  shall  be  entered  in  books  to  be 
kept  for  that  purpose,  and  shall  be  signed  as  approved 
or  disapproved  by  the  members  present.  These  books 
shall  be  laid  before  either  house  of  assembly  when  call- 
ed for  by  them.  The  said  council  shall  consist  of  eight 
members  for  the  present:  but  their  numbers  may  be  in- 
creased or  reduced  by  the  legislature,  whenever  they 
shall  think  it  necessary:  provided  such  reduction  be 
made  only  as  the  appointments  become  vacant  by  death, 
resignation,  disqualification,  or  regular  deprivation.  A 
majority  of  their  actual  number,  and  not  fewer,  shall 
be  a  quorum.  They  shall  be  allowed  for  the  present 
each  by  the  year,  payable  quarterly  out  of  any 
money  which  shall  be  in  the  public  treasury.  Their 
salary,  however,  may   be   increased   or   abated    from 


time  to  time,  at  the  discretion  of  the  legislature  ; 
provided  such  increase  or  abatement  shall  not,  by  any 
ways  or  means,  be  made  to  affect  either  then,  or  at 
any  future  time,  any  one  of  those  then  actually  in  of- 
fice. At  the  end  of  eacli  quarter  their  salary  shall 
be  divided  into  equal  portions  by  the  number  of  days 
on  which,  during  that  quarter,  a  council  has  been  held, 
or  required  by  the  governor,  or  by  their  own  adjourn- 
ment, and  one  of  those  portions  shall  be  withheld  from 
each  member  for  every  of  the  said  days,  which,  with- 
out cause  allowed  good  by  the  board,  he  failed  to  at- 
tend, or  departed  before  adjournment  without  their 
leave.  If  no  board  should  have  been  held  during  that 
quarter,  there  shall  be  no  deduction. 

They  shall  annually  choose  a  President,  who  shall 
preside  in  council  in  the  absence  of  the  governor,  and 
who  in  case  of  his  office  becoming  vacant  by  death  or 
otherwise,  shall  have  authority  to  exercise  all  his  func- 
tions, till  a  new  appointment  be  made,  as  he  shall  also 
in  any  interval  during  which  the  governor  shall  de- 
clare himself  unable  to  attend  to  the  duties  of  his  of- 

The  Judiciary  powers  shall  be  exercised  by  county 
courts  and  such  other  inferior  courts  as  the  legislature 
shall  think  proper  to  continue  or  to  erect,  by  three  su- 
perior courts,  to  wit,  a  Court  of  Admiralty,  a  general 
Court  of  Common  Law,  and  a  high  Court  of  Chancery  ; 
and  by  one  Supreme  Court,  to  be  called  the  Court  of 

The  judges  of  the  high  court  of  chancery,  general 
court,  and  court  of  admiralty,  shall  be  four  in  number 
each,  to  be  appointed  by  joint  ballot  of  both  houses  of 
assembly,  and  to  hold  their  offices  during  good  beha- 
viour. While  they  continue  judges,  they  shall  hold  no 
other  office  or  emolument,  under  this  state,  or  any 
other  state  or  power  whatsoever,  except  that  they  may 
be  delegated  to  Congress,  receiving  no  additional  al- 

These  judges,  assembled  together,  shall  constitute  the 
Court  of  Appeals,  whose  business  shall  be  to  receive 


and  determine  appeals  from  the  three  superior  courts, 
but  to  receive  no  original  causes,  except  in  the  cases 
expressly  permitted  herein. 

A  majority  of  the  members  of  either  of  these  courts, 
and  not  fewer,  shall  be  a  quorum.  But  in  the  Court  of 
Appeals  nine  members  shall  be  necessary  to  do  busi- 
ness. Any  smaller  numbers  however  may  be  author- 
ized by  the  legislature  to  adjourn  their  respective 

They  shall  be  allowed  for  the  present 
each  by  the  year,  payable  quarterly  out  of  any  money 
which  shall  be  in  the  public  treasury.  Their  salaries 
however  may  be  increased  or  abated,  from  time  to  time, 
at  the  discretion  of  the  legislature,  provided  such  in- 
crease or  abatement  shall  not  by  any  ways  or  means, 
be  made  to  affect,  either  then,  or  at  any  future  time, 
any  one  of  those  then  actually  in  office.  At  the  end  of 
each  quarter  their  salary  shall  be  divided  into  equal 
portions  by  the  number  of  days  on  which,  during  that 
quarter,  their  respective  courts  sat,  or  should  have  sat, 
and  one  of  these  portions  shall  be  withheld  from  each 
member  for  every  of  ihe  said  days,  which,  without 
cause  allowed  good  by  his  court,  he  failed  to  attend,  or 
departed  before  adjournment  without  their  leave.  If 
no  court  should  have  been  held  during  the  quarter, 
there  shall  be  no  deduction. 

There  shall  moreover  be  a  Court  of  Impeachments  to 
consist  of  three  members  of  the  Council  of  State,  one 
of  each  of  the  superior  Courts  of  Chancery,  Common 
Law,  and  Admiralty,  two  members  of  the  house  of  de- 
legates and  one  of  the  Senate,  to  be  chosen  by  the  body 
respectively  of  which  they  are.  Before  this  court  any 
member  of  the  three  branches  of  government,  that  is  to 
say,  the  governor,  any  member  of  the  council,  of  the 
two  houses  of  legislature,  or  of  the  superior  courts,  may 
be  impeached  by  the  governor,  the  council,  or  either  of 
the  said  houses  or  courts,  and  by  no  other,  for  such 
misbehaviour  in  office  as  would  be  sufficient  to  remove 
him  therefrom  ;  and  the  only  sentence  they  shall  have 
authority  to  pass  shall  be  that  of  deprivation  and  future 


incapacity  of  office.  Seven  members  shall  be  requisite 
to  make  a  court,  and  two  thirds  of  those  present  must 
concur  in  the  sentence.  The  offences  cognizable  by 
this  court  shall  he  cognizable  by  no  other,  and  they 
shall  be  triers  of  the  fact  as  well  as  judges  of  the  law. 

The  justices  or  judges  of  the  inferior  courts  already- 
erected,  or  hereafter  to  be  erected,  shall  he  appointed 
by  the  governor,  on  advice  of  the  council  of  state,  and 
shall  hold  their  offices  during  good  behaviour,  or  the 
existence  of  their  court.  For  breach  of  the  good  beha- 
viour, they  shall  be  tried  according  to  the  laws  of  the 
land,  before  the  Court  of  Appeals  who  shall  be  judges 
of  the  fact  as  well  as  of  the  law.  The  only  sentence 
they  shall  have  authority  to  pass,  shall  be  that  of  depri- 
vation and  future  incapacity  of  office,  and  two  thirds  of 
the  members  present  must  concur  in  this  sentence. 

All  courts  shall  appoint  their  own  clerks,  who  shall 
hold  their  offices  during  good  behaviour,  or  the  exist- 
ence of  their  court  ;  they  shall  also  appoint  all  other 
their  attending  officers  to  continue  during  their  plea- 
sure. Clerks  appointed  by  the  supreme  or  the  superior 
courts  shall  be  removable  by  their  respective  courts. 
Those  to  be  appointed  by  other  courts  shall  have  been 
previously  examined,  and  certified  to  be  duly  qualified, 
by  some  two  members  of  the  general  court,  ami  shall 
be  removable  for  breach  of  good  behaviour  by  the 
Court  of  Appeals  only,  who  shall  be  judges  of  the  fact 
as  well  as  of  the  law.  Two  thirds  of  the  members 
present  must  concur  in  the  sentence. 

The  justices  or  judges  of  the  inferior  courts  may  be 
members  of  the  legislature. 

The  judgment  <>f  no  inferior  court  shall  be  final,  in 
any  civil  case,  of  greater  value  than  50  bushels  of  wheat, 
as  last  rated  in  the  general  court  for  settling  the  allow- 
ance to  the  members  of  the  general  assembly,  nor  in 
anv  case  of  treason,  felony,  or  other  crime  which  should 
subject  the  parly  to  infamous  punishment. 

Jn  all  causes  depending  before  any  court,  other  than 
those  of  impeachments,  of  appeals,  and  military  courts, 
facts  put  in  issue  shall  be  tried  by  jury,  and  in  all  courts 

whatever  witnesses  shall  give  testimony  viva  voce  in 
open  court,  wherever  their  attendance  can  be  procured  : 
and  all  parties  shall  be  allowed  counsel  and  compulsory 
process  for  their  witnesses. 

Fines,  amercements,  and  terms  of  imprisonment  left 
indefinite  by  the  law,  other  than  for  contempts,  shall  be 
fixed  by  the  jury,  triers  of  the  offence. 

The  governor,  two  councillors  of  state,  and  a  judge 
from  ear-h  of  the  superior  Courts  of  Chancery,  Common 
Law,  and  Admiralty,  shall  be  a  council  to  revise  all  bills 
which  shall  have  passed  both  houses  of  assembly,  in 
which  council  the  governor,  when  present,  shall  pre- 
side. Every  bill,  before  it  becomes  a  law,  shall  be  re- 
presented to  this  council,  who  shall  have  a  right  to  ad- 
vise its  rejection,  returning  the  bill,  with  their  advice 
and  reasons  in  writing,  to  the  house  in  which  it  origin- 
ated, who  shall  proceed  to  reconsider  the  said  bill.  But 
if  after  such  reconsideration,  two  thirds  of  the  house 
shall  be  of  opinion  the  bill  should  pass  finally,  they  shall 
pass  and  send  it,  with  the  advice  and  written  reasons 
of  the  said  Council  of  Revision  to  the  other  house, 
wherein  if  two  thirds  also  shall  be  of  opinion  it  should 
pass  finally,  it  shall  thereupon  become  law  :  otherwise 
it  shall  not. 

If  any  bill,  presented  to  the  said  council,  be  not,  with- 
in one  week  (exclusive  of  the  day  of  presenting  it)  re- 
turned by  them,  with  their  advice  of  rejection  and 
reasons,  to  the  house  wherein  it  originated,  or  to  the 
clerk  of  the  said  house,  in  case  of  its  adjournment  over 
the  expiration  of  the  week,  it  shall  be  law  from  the  ex- 
piration of  the  week,  and  shall  then  be  demandable  by 
the  clerk  of  the  House  of  Delegates,  to  be  filed  of  re- 
cord in  his  office. 

The  bills  which  they  approve  shall  become  law  from 
the  time  of  such  approbation,  and  shall  then  be  return- 
ed to,  or  demandable  by,  the  clerk  of  the  House  of  De- 
legates, to  be  filed  of  record  in  his  office. 

A  bill  rejected  on  advice  of  the  Council  of  Revision 
may  again  be  proposed,  during  the  same  session  of  as- 
sembly, with  such  alterations  as  will  render  it  conform- 
able to  their  advice. 


The  members  of  the  said  Council  of  Revision  shall 
be  appointed  from  time  to  time  by  the  board  or  court  of 
which  they  respectively  are.  Two  of  the  executive  and 
two  of  the  judiciary  members  shall  be  requisite  to  do 
business:  and  to  prevent  the  evils  of  nonattendance, 
the  board  and  courts  may,  at  any  time,  name  all,  or  so 
many  as  they  will,  of  their  members,  in  the  particular 
order  in  which  they  would  choose  the  duty  of  attend- 
ance to  devolve  from  preceding  to  subsequent  members, 
the  preceding  failing  to  attend.  They  shall  have  addi- 
tionally for  their  services  in  this  council  the  same  al- 
lowance as  members  of  assembly  have. 

The  confederation  is  made  a  part  of  this  constitution, 
subject  to  such  future  alterations  as  shall  be  agreed  to 
by  the  legislature  of  this  state,  and  by  all  the  other  con- 
federating states. 

The  delegates  to  Congress  shall  be  five  in  number  ; 
any  three  of  whom,  and  no  fewer,  may  be  a  represen- 
tation. They  shall  be  appointed  by  joint  ballot  of  both 
houses  of  assembly  for  any  term  not  exceeding  one 
year,  subject  to  be  recalled,  within  the  term,  by  joint 
vote  of  both  the  said  houses.  They  may  at  the  same 
time  be  members  of  the  legislative  or  judiciary  depart- 
ments, but  not  of  the  executive. 

The  benefits  of  the  writ  of  Habeas  Corpus  shall  be 
extended,  by  the  legislature,  to  every  person  within  this 
state,  and  without  fee,  and  shall  be  so  facilitated  that 
no  person  may  be  detained  in  prison  more  than  ten 
days  after  he  shall  have  demanded  and  been  refused 
such  writ  by  the  judge  appointed  by  law,  or  if  none  be 
appointed,  then  by  any  judge  of  a  superior  court,  nor 
more  than  ten  days  after  such  writ  shall  have  been 
served  on  the  person  detaining  him,  and  no  order  giv- 
en, on  due  examination,  for  his  remandment  or  dis- 

The   military  shall  be  subordinate  to  the  civil  power. 

Printing  presses  -hall  be  subject  to  no  other  restraint 
than  liableness  to  legal  prosecution  for  false  facts  print- 
ed and  published. 

Any  two  of  the  three  branches  of  government  con- 


curring  in  opinion,  each  by  the  voices  of  two  thirds  of 
their  whole  existing  number,  that  a  convention  is 
necessary  for  altering  this  constitution,  or  correcting 
breaches  of  it,  they  shall  be  authorised  to  issue  writs 
to  everv  county  for  the  election  of  so  many  delegates 
as  they  are  authorised  to  send  to  the  general  assem- 
bly, which  elections  shall  be  held,  and  writs  returned, 
as  the  laws  shall  have  provided  in  the  case  of  elections 
of  delegates  of  assembly,  mutatis  mutandis,  and  the  said 
delegates  shall  meet  at  the  usual  place  of  holding  as- 
semblies, three  months  after  date  of  such  writs,  and 
shall  be  acknowledged  to  have  equal  powers  with  this 
present  convention.  The  said  writs  shall  be  signed  by 
all  the  members  approving  the  same. 

To  introduce  this  Government,  the  following  special 
and  temporary  provision  is  made. 

This  convention  being  authorised  only  to  amend 
those  laws  which  constituted  the  form  of  government, 
no  general  dissolution  of  the  whole  system  of  laws  can 
be  supposed  to  have  taken  place  :  but  all  laws  in  force 
at  the  meeting  of  this  convention,  and  not  inconsistent 
with  this  constitution,  remain  in  full  force,  subject  to 
alterations  by  the  ordinary  legislature. 

The  present  general  assembly  shall  continue  till  the 
42d  day  after  the  last  Monday  of  November  in  this  pre- 
sent year.  On  the  said  last  Monday  of  November  in 
this  present  year,  the  several  counties  shall  by  their 
electors  qualified  as  provided  by  this  constitution,  elect 
delegates,  which  for  the  present  shall  be,  in  number, 
one  for  every  militia  of  the  said  county,  ac- 

cording to  the  latest  returns  in  possession  of  the  go- 
vernor, and  shall  also  choose  senatorial  electors  in  pro- 
portion thereto,  which  senatorial  electors  shall  meet  on 
the  14th  day  after  the  day  of  their  election,  at  the  court 
house  of  that  county  of  their  present  district  which 
would  stand  first  in  an  alphabetical  arrangement  of 
their  counties,  and  shall  choose  senators  in  the  propor- 
tion fixed  by  this  constitution.  The  elections  and  re- 
turns shall  be  conducted,  in  all  circumstances  not  hereby 
particularly  prescribed,  by  the  same  perggiiS  and  under 


the  same  forms,  as  prescribed  by  the  present  laws  in 
elections  of  senators  and  delegates  of  assembly.  The 
said  senators  and  delegates  shall  constitute  the  first  ge- 
neral assembly  of  the  new  government,  and  shall  spe- 
cially apply  themselves  to  the  procuring  an  exact  return 
from  every  county  of  the  number  of  its  qualified  elec- 
tors, and  to  the  settlement  of  the  number  of  delegates 
to  be  elected  for  the  ensuing  general  assembly. 

The  present  governor  shall  continue  in  office  to  the 
end  of  the  term  for  which  he  was  elected. 

All  other  officers  of  every  kind  shall  continue  in  of- 
fice as  they  would  have  done  had  their  appointment 
been  under  tins  constitution,  and  new  ones,  where  new 
are  hereby  called  for,  shall  be  appointed  by  the  autho- 
rity to  which  such  appointment  is  referred.  One  of  the 
present  judges  of  the  general  court,  he  consenting 
thereto,  shall  by  joint  ballot  of  both  houses  of  assembly, 
at  their  first  meeting,  be  transferred  to  the  High  Court 
of  Chancery. 

No.  III. 

An  ACT  for  establishing  Religious  Freedom,  passed 
in  the  Assembly  of  Virginia  in  the  beginning  of  the 
year  178<i. 
Well  aware  that  Almighty  God  hath  created  the  mind 
free  ;  that  all  attempts  to  influence  it  by  temporal  pun- 
ishments or  burdens,  or  by  civil  incapacitations,  tend 
only  to  beget  habits  of  hypocrisy  and  meanness,  and 
are  a  departure  from  the  plan  of  the  Holy  Author  of 
our  religion,  who  being  Lord  both  of  body  and  mind, 
yet  chose  not  to  propagate  it  by  coercions  on  cither, 
as  was  in  his  Almighty  power  to  do  ;  that  the  impious 
presumption  of  legislators  and  rulers,  civil  as  well  as 
ecclesiastical,  wbo,  being  themselves  but  fallible;  and 
uninspired  men  have  assumed  dominion  over  the  faith 
of  Others,  setting  up  their  own  opinions  and  modes  of 
thinking  as  the  only  true  and  infallible,  and  as  such  en- 


deavouring  to  impose  them  on  others,  hath  established 
and  maintained  false  religions  over  the  greatest  part  of 
the  world,  and  through  all  time  ;  that  to  compel  a  man 
to  furnish   contributions  of  money  for  the  propagation 
of  opinions  which  he  disbelieves,  is  sinful  and  tyranni- 
cal ;  that  even  the  forcing  him  to  support  this  or  that 
teacher  of  his  own  religious  persuasion,  is  depriving  him 
of  the  comfortable  liberty  of  giving  his  contributions  to 
the  particular  pastor  whose  morals  he  would  make  his 
pattern,  and  whose  powers  he  feels  most  persuasive  to 
righteousness,  and  is  withdrawing  from  the  ministry 
those   temporal  rewards  which  proceeding  from  an  ap- 
probation of  their  personal  conduct,  are  an  additional 
incitement  to  earnest  and  unremitting  labours  for  the 
instruction  of  mankind  ;  that  our  civil  rights  have  no 
dependance  on  our  religious   opinions,  more  than  our 
opinions  in   physics  or  geometry;   that  therefore  the 
proscribing   any  citizen   as  unworthy  the  public  confi- 
dence by  laying  upon  him  an  incapacity  of  being  called 
to  the  offices  of  trust  and  emolument,  unless  he  profess 
or  renounce  this  or  that  religious  opinion,  is  depriving 
him  injuriously  of  those   privileges  and  advantages  to 
which  in  common  with  his  fellow-citizens  he  has  a  na- 
tural right ;  that  it  tends  also  to  corrupt  the  principles 
of  that  very  religion  it  is  meant  to  encourage,  by  brib- 
ing, with  a  monopoly  of  worldly  honours  and  emolu- 
ments, those  who  will  externally  profess  and  conform 
to  it ;  that  though  indeed  these  are  criminal  who  do  not 
withstand  such  temptation,  yet  neither  are  those  inno- 
cent who  lay  the  bait  in  their  way  ;  that  to  suffer  the 
civil  magistrate  to  intrude  his  powers  into  the  field  of 
opinion  and  to  restrain  the  profession  or  propagation  of 
principles,  on  the  supposition  of  their  ill  tendency,  is  a 
dangerous  fallacy,  which  at  once  destroys  all  religious 
liberty,  because  he  being  of  course  judge  of  that  ten- 
dency, will  make  his  opinions  the  rule  of  judgment,  and 
approve  or  condemn  the  sentiments  of  others  only  as 
they  shall  square  with  or  differ  from  his  own  ;  that  it  is 
time  enough  for  the  rightful  purposes  of  civil  govern- 
ment, for  its  officers  to  interfere  when  principles  break 


out  into  overt  acts  against  peace  and  good  order ;  and 
finally,  that  truth  is  great  and  will  prevail  if  left  to  her- 
self, that  she  is  the  proper  and  sufficient  antagonist  to 
error,  and  has  nothing  to  fear  from  the  conflict,  unless 
by  human  interposition  disarmed  of  her  natural  wea- 
pons, free  argument  and  debate,  errors  ceasing  to  be 
dangerous  when  it  is  permitted  freely  to  contradict 

Be  it  therefore  enacted  by  the  General  Assembly,  That 
no  man  shall  be  compelled  to  frequent  or  support  any 
religious  worship,  place  or  ministry  whatsoever,  nor 
shall  be  enforced,  restrained,  molested,  or  burthened  in 
his  body  or  goods,  nor  shall  otherwise  suffer  on  account 
of  his  religious  opinions  or  belief;  but  that  all  men 
shall  be  free  to  profess,  and  by  argument  to  maintain, 
their  opinions  in  matters  of  religion,  and  that  the  same 
shall  in  no  wise  diminish,  enlarge,  or  affect  their  civil 

And  though  we  well  know  that  this  Assembly,  elect- 
ed by  the  people  for  the  ordinary  purposes  of  legislation 
only,  have  no  power  to  restrain  the  acts  of  succeeding 
Assemblies,  constituted  with  the  power  equal  to  our 
own,  and  that  therefore  to  declare  this  act  irrevocable, 
would  be  of  no  effect  in  law,  yet  we  are  free  to  declare, 
and  do  declare,  that  the  rights  hereby  asserted  are  of  the 
natural  rights  of  mankind,  and  that  if  any  act  shall  be 
hereafter  passed  to  repeal  the  present  or  to  narrow  its 
operation,  such  act  will  be  an  infringement  of  natural 



TO    THE 




Philadelphia,  December  Slst,  1797. 
Dear  Sir, 

Mr.  Tazewell  has  communicated  to  me  the  en- 
quiries you  have  been  so  kind  as  to  make,  relative  to  a 
passage  in  the  Notes  on  Virginia,  which  has  lately  ex- 
cited some  newspaper  publications.  I  feel,  with  great 
sensibility,  the  interest  you  take  in  this  business,  and 
witli  pleasure,  go  into  explanations  with  one  whose  ob- 
jects I  know  to  be  truth  and  justice  alone.  Had  Mr. 
Martin  thought  proper  to  suggest  to  me,  that  doubts 
might  be  entertained  of  the  transaction  respecting  Lo- 
gan, as  stated  in  the  Notes  on  Virginia,  and  to  enquire 
on  what  grounds  the  statement  was  founded,  I  should 
have  felt  myself  obliged  by  the  enquiry,  have  informed 
him  candidly  of  the  grounds,  and  cordially  have  co- 
operated in  every  means  of  investigating  the  fact,  and 
correcting  whatsoever  in  it  should  be  found  to  have 
been  erroneous.  But  he  chose  to  step  at  once  into  the 
newspapers,  and  in  his  publications  there  and  the  let- 
ters he  wrote  to  me,  adopted  a  style  which  forbade  the 
respect  of  an  answer.  Sensible,  however,  that  no  act 
of  his  could  absolve  me  from  the  justice  due  to  others, 
as  soon  as  I  found  that  the  story  of  Logan  could  be 


doubted,  I  determined  to  enquire  into  it  as  accurately 
as  the  testimony  remaining,  after  a  lapse  of  twenty  odd 
years,  would  permit  ;  and  that  the  result  should  he 
made  known,  either  in  the  first  new  edition  which 
should  be  printed  of  the  Notes  on  Virginia,  or  by  pub- 
lishing an  Appendix.  I  thought  that  so  far  as  that 
work  had  contributed  to  impeach  the  memory  of 
Cresap,  by  handing  on  an  erroneous  charge,  it  was 
proper  it  should  be  made  the  vehicle  of  retribution. 
Not  that  I  was  at  all  the  author  of  the  injury.  I  had 
only  concurred,  with  thousands  and  thousands  of  others, 
in  believing  a  transaction  on  authority  which  merited 
respect.  For  the  story  of  Logan  is  only  repeated  in 
the  Notes  on  Virginia,  precisely  as  it  had  been  current 
for  more  than  a  dozen  years  before  they  were  publish- 
ed. When  Lord  Dunmore  returned  from  the  expedi- 
tion against  the  Indians,  in  1774,  he  and  his  officers 
brought  the  speech  of  Logan,  and  related  the  circum- 
stances connected  with  it.  These  were  so  affecting, 
and  the  speech  itself  so  fine  a  morsel  of  elocpience,  that 
it  became  the  theme  of  every  conversation,  in  Williams- 
burgh  particularly,  and  generally,  indeed,  wheresoever 
any  of  the  officers  resided  or  resorted.  I  learned  it  in 
Williamshurgb ;  I  believe  at  Lord  Dunmore's;  and  I 
find  in  my  pocket-book  of  that  year  (1774)  an  entry  of 
the  narrative,  as  taken  from  the  mouth  of  some  person, 
whose  name,  however,  is  not  noted,  nor  recollected,  pre- 
cisely in  the  words  stated  in  the  Notes  on  Virginia. 
The  speech  was  published  in  the  Virginia  Gazette  of 
that  time  (I  have  it  myself  in  the  volume  of  gazettes  of 
that  year)  and  though  in  a  style  by  no  means  elegant,  yet 
it  was  so  admired,  that  it  Hew  through  all  the  public  pa- 
pers of  the  continent,  and  through  the  magazines  and 
other  periodical  publications  ofGreat  Britain  ;  and  those 
Who  were  boys  at  that  day  will  now  attest,  that  the 
speech  of  Logan  used  to  be  given  them  as  a  school  ex- 
ercise for  repetition.  It  was  not  till  about  thirteen  or 
fourteen  years  after  the  newspaper  publications,  that  the 
Notes  <mi  Virginia  were  published  in  America.  Com- 
bating   in  these,  the    contumelious    theory  of  certain 


European  writers,  whose  celebrity  gave  currency  and 
weight  to  their  opinions,  that  our  country,  from  the 
combined  effects  of  soil  and  climate,  degenerated  ani- 
mal nature,  in   the  general,  and   particularly  the  moral 
faculties  of  man,  I   considered  the  speech  of  Logan  as 
an  apt  proof  of  the  contrary,  and  used  it  as  such  ;  and 
I  copied,  verbatim,  the   narrative  I  had   taken  down  in 
1774,  and  the  speech  as  it  had  been  given  us  in  a  better 
translation  by  Lord  Dunmore.     I  knew  nothing  of  the 
Cresaps,  and  could  not  possibly  have  a  motive  to  do  them 
an  injury  with  design.     I  repeated  what  thousands  had 
done  before,  on  as  good   authority  as  we  have  for  most 
of  the  facts  we   learn  through  life,  and  such  as,  to  this 
moment,  I  have  seen  no  reason  to  doubt.     That  any  bo- 
dy questioned  it,  was  never  suspected  by  me,  till  I  saw 
the  letter  of  Mr.  Martin  in  the  Baltimore  paper.     I  en- 
deavoured then  to  recollect  who  among  my  contempora- 
ries, of  the  same  circle  of  society,  and  consequently  of 
the  same  recollections,  might  still  be  alive.     Three  aud 
twenty  years  of  death  and  dispersion  had  left  very  few. 
I  remembered,  however,  that  Gen.  Gibson  was  still  li- 
ving, aud  knew  that  he  had  been  the  translator  of  the 
speech.     I  wrote  to  him  immediately.     He,  in  answer, 
declares  to  me,  that  he  was  the  very  person  sent  by  Lord 
Dunmore  to  the  Indian  town  ;  that,  after  he  had  deliver- 
ed his  message  there,  Logan  took  him  out  to  a  neigh- 
bouring wood  ;  sat  down  with  him,  and  rehearsing,  with 
tears,  the   catastrophe    of   his   family,   gave   him    that 
speech  for  Lord   Dunmore  ;  that  he  carried  it  to  Lord 
Dunmore  ;  translated  it  for  him  ;  has  turned  to  it  in  the 
Encyclopedia,  as  taken  from  the  Notes  on  Virginia,  and 
finds  that  it  was  his  translation  I   had   used,  with  only 
two  or  three  verbal  variations  of  no  importance.  These, 
I  suppose,  had  arisen  in   the  course  of  successive  co- 
pies.    I  cite   Gen.  Gibson's   letter  by  memory,  not  ha- 
ving  it  with   me  ;  but  I   am  sure   I  cite  it  substantially 
right.     It  establishes  unquestionably,  that  the  speech 
of  Logan  is   genuine;  and  that  being  established,  it  is 
Logan  himself  who  is  author  of  all  the  important  facts. 
"  Col.  Cresap,"  says  he,  "  in  cold  blood  and  unprovok- 


ed,   murdered   all  the  relations  of  Logan,  not  sparing 
even  my  women  and  children.     There  runs  not  a  drop 
of  my  blood  in  the  veins  of  any  living  creature."     The 
person  and   the  fact,  in   all  its  material  circumstances, 
are  here  given  by  Logan  himself.     Gen.  Gibson,  indeed, 
says,  that  the  title   was  mistaken  ;  that  Cresap  was  a 
captain,  and  not  a  colonel.     This  was  Logan's  mistake. 
He  also  observes,  that  it  was   on  the   Ohio,  and   not  on 
the  Kanhaway  itself,  that  his  family  was  killed.     This  is 
an  error  which  has  crept  into  the  traditionary  account; 
but  surely  of  little  moment  in  the  moral  view  of  the  sub- 
ject.    The   material   question  is  ;    was   Logan's  family 
murdered,   and   bv  whom  ?  That  it  was  murdered  has 
not,  I   believe,  been  denied  ;  that  it  was  by  one  of  the 
Cresaps,  Logan  affirms.     This  is  a  question  which  con- 
cerns the  memories  of  Logan  and  Cresap ;  to  the  issue 
of  which  I  am  as  indifferent  as  if  I  had  never  heard  the 
name  of  either.     1  have  begun  and  shall  continue  to  en- 
quire into  the  evidence  additional  to  Logan's,  on  which 
the  fact  was  (bunded.     Little,  indeed,  can  now  be  heard 
of,  and  that  little  dispersed  and   distant.     If  it  shall  ap- 
pear on  enquiry,  that  Logan  has  been  wrong  in  charging 
Cresap  with  the  murder  of  his  family,  I  will  do  justice 
to  the  memory  of  Cresap,  as  far  as  I  have  contributed 
to  the   injury,  by  believing  and  repeating  what  others 
had  believed  and  repeated  before  me.      If,  on  the  other 
hand,  I  find  that  Logan  was  right  in  his  charge,  I  will 
vindicate,  as  far  as  my  suffrage   may  go,  the  truth  of  a 
Chief,  whose  talents  and  misfortunes  have  attached  to 
him  the  respect  and  commiseration  of  the  world. 

1  have  gone,  my  dear  Sir,  into  this  lengthy  detail  to 
satisfy  a  mind,  in  the  candour  and  rectitude  of  which  I 
have  tin;  highest  confidence.  So  far  as  you  may  incline 
to  use  the  communication  for  rectifying  the  judgments 
of  those  who  are  willing  to  see  things  truly  as  they  are, 
you  are  free  to  \\<r,  it.  But  1  pray  that  no  confidence 
which  you  may  repose  in  any  one,  may  induce  you  to 
let  it  go  out  of  your  hands,  BO  as  to  get  into  a  newspaper. 
Against  a  contest  in  that  field  I  am  entirely  decided.  I 
feel  extraordinary  gratification,  indeed,   in   addressing 



this  letter  to  you,  with  whom  shades  of  difference  in 
political  sentiment  have  not  prevented  the  interchange 
of  good  opinion,  nor  cut  off  the  friendly  offices  of  so- 
ciety and  good  correspondence.  This  political  tole- 
rance is  the  more  valued  by  me,  who  consider  social 
harmony  as  the  first  of  human  felicities,  and  the  hap- 
piest moments,  those  which  are  given  to  the  effusions 
of  the  heart.  Accept  them  sincerely,  T  pray  you,  from 
one  who  has  the  honour  to  be,  with  sentiments  of  high 
respect  and  attachment, 
Dear  Sir, 

Your  most  obedient 

And  most  humble  servant, 


The  Notes  on  Virginia  were  written  in  Virginia, 
in  the  years  1781  and  1782,  in  answer  to  certain  que- 
ries proposed  to  me  by  Mons.  De  Marbois,  then  secre- 
tary of  the  French  Legation  in  the  United  States;  and 
a  manuscript  copy  was  delivered  to  him.  A  few  copies, 
with  some  additions,  were  afterwards,  in  1784,  printed 
in  Paris,  and  given  to  particular  friends.  In  speaking' 
of  the  animals  of  America,  the  theory  of  M.  de  Buffon, 
the  Abbe  Raynal,  and  others  presented  itself  to  consid- 
eration. They  have  supposed  there  is  something  in 
the  soil,  climate,  and  other  circumstances  of  America, 
which  occasions  animal  nature  to  degenerate,  not  ex- 
cepting even  the  man,  native  or  adoptive,  physical  or 
moral.  This  theory,  so  unfounded  and  degrading  to  one 
third  of  the  globe,  was  called  to  the  bar  of  fact  and  rea- 
son. Among  other  proofs  adduced  in  contradiction  of 
this  hypothesis,  the  speech  of  Logan,  an  Indian  chief, 
delivered  to  Lord  Dunmore  in  1774,  was  produced,  as  a 
specimen  of  the  talents  of  the  aboriginals  of  this  coun- 
try, and  particularly  of  their  eloquence  ;  and  it  was  be- 
lieved that  Europe  had  never  produced  anything  supe- 
rior to  this  morsel  of  eloquence.  In  order  to  make  it 
intelligible  to  the  reader,  the  transaction,  on  which  it 
was  founded,  was  stated,  as  it  had  been  generally  rela- 


ted  in  America  at  the  time,  and  as  I  had  heard  it  my- 
self, in  the  circle  of  Lord  Dunmore,  and  the  officers 
who  accompanied  him  :  and  the  speech  itself  was  given 
as  it  had,  ten  years  before  the  printing  of  that  book,  cir- 
culated in  the  newspapers  through  all  the  then  colonies, 
through  the  magazines  of  Great-Britain,  and  the  peri- 
odical publications  of  Europe.  For  three  and  twenty 
years  it  passed  uncontradicted  ;  nor  was  it  ever  suspect- 
ed that  it  even  admitted  contradiction.  In  1797,  how- 
ever, for  the  first  time,  not  only  the  whole  transaction 
respecting  Logan  was  affirmed  in  the  public  papers  to 
be  false,  but  the  speech  itself  suggested  to  be  a  forgery, 
and  even  a  forgery  of  mine,  to  aid  me  in  proving  that 
the  man  of  America  was  equal  in  body  and  in  mind,  to 
the  man  in  Europe.  But  wherefore  the  forgery  ;  whe- 
ther Logan's  or  mine,  it  would  still  have  been  Ameri- 
can. I  should  indeed  consult  my  own  fame  if  the  sug- 
gestion, that  this  speech  is  mine,  were  suffered  to  be 
believed.  He  would  have  a  just  right  to  be  proud  who 
could  with  truth  claim  that  composition.  But  it  is  none 
of  mine  ;  and  I  yield  it  to  whom  it  is  due. 

On  seeing  then  that  this  transaction  was  brought  into 
question,  I  thought  it  my  duty  to  make  particular  enquiry 
into  its  foundation.  It  was  the  more  my  duty,  as  it  was 
alleged  that,  by  ascribing  to  an  individual  therein  nam- 
ed, a  participation  in  the  murder  of  Logan's  family,  I 
had  done  an  injury  to  his  character,  which  it  had  not 
deserved.  I  had  no  knowledge  personally  of  that  indi- 
vidual. I  had  no  reason  to  aim  an  injury  at  him.  I  only 
repeated  what  1  had  heard  from  others,  and  what  thou- 
sands bad  heard  and  believed  as  well  as  myself;  and 
which  no  one  indeed,  till  then,  had  been  known  to  ques- 
tion. Twenty-three  years  had  now  elapsed,  since  the 
transaction  took  place.  Many  of  those  acquainted  with 
it  were  dead,  and  the  living  dispersed  to  very  distant 
parts  of  the  earth.  Few  of  them  were  even  known  to 
Die.  To  those  however  of  whom  I  knew,  I  made  ap- 
plication by  letter;  and  some  others,  moved  by  a  regard 
lor  truth  and  justice,  were  kind  enough  to  come  forward, 
of  themselves,  with  their  testimony.     These  fragments 


of  evidence,  the  small  remains  of  a  mighty  mass  which 
time  has  consumed,  are  here  presented  to  the  public,  in 
the  form  of  letters,  certificates,  or  affidavits,  as  they 
came  to  me.  I  have  rejected  none  of  these  forms,  nor 
required  other  solemnities  from  those  whose  motives 
and  characters  were  pledges  of  their  truth.  Historical 
transactions  are  deemed  to  be  well  vouched  by  the 
simple  declarations  of  those  who  have  borne  a  part  in 
them  ;  and  especially  of  persons  having  no  interest  to 
falsify  or  disfigure  them.  The  world  will  now  see 
whether  they,  or  I,  have  injured  Cresap,  by  believing 
Logan's  charge  against  him;  and  they  will  decide  be- 
tween Logan  and  Cresap,  whether  Cresap  was  inno- 
cent, and  Logan  a  calumniator? 

In  order  that  the  reader  may  have  a  clear  conception 
of  the  transactions,  to  which  the  different  parts  of  the 
following  declarations  refer,  he  must  take  notice  that 
they  establish  four  different  murders.  1.  Of  two  In- 
dians, a  little  above  Wheeling.  2.  Of  others  at  Grave 
Creek,  among  whom  were  some  of  Logan's  relations. 
3.  The  massacre  at  Baker's  bottom,  on  the  Ohio,  oppo- 
site the  mouth  of  Yellow  Creek,  where  were  other  re- 
lations of  Logan.  4.  Of  those  killed  at  the  same  place, 
coming  in  canoes  to  the  relief  of  their  friends.  I  place 
the  numbers  1,  2,  3,  4,  against  certain  paragraphs  of 
the  evidence,  to  indicate  the  particular  murder  to  which 
the  paragraph  relates,  and  present  also  a  small  sketch 
or  map  of  the  principal  scenes  of  those  butcheries,  for 
their  more  ready  comprehension. 


Extract  of  a  Letter  from  the  honourable  Judge  1NNES,  of 
Frankfort  in  Kentucky,  to  THOMAS  JEFFERSON, 
dated  Kentucky,  near  Frankfort,  March  2d,  1799. 

I  recollect  to  have  seen  Logan's  speech  in  1775,  in 
one  of  the  public  prints.  That  Logan  conceived  Cresap 
to  be  the  author  of  the  murder  at  Yellow  Creek,  it  is  in 
ray  power  to  give,  perhaps,  a  more  particular  informa- 
tion, than  any  other  person  you  can  apply  to. 

In  1774  I  lived  in  Fin  castle  county,  now  divided  into 
Washington,  Montgomery  and  part  of  Wythe.  Being 
intimate  in  Col.  Preston's  family,  I  happened  in  July  to 
be  at  his  house,  when  an  express  was  sent  to  him  as 
the  County  Lieut,  requesting  a  guard  of  the  militia  to 
be  ordered  out  for  the  protection  of  the  inhabitants  re- 
siding low  down  on  the  north  fork  of  Holston  river. 
The  Express  brought  with  him  a  War  Club,  and  a  note 
which  was  left  tied  to  it  at  the  house  of  one  Robertson, 
whose  family  were  cut  off  by  the  Indians,  and  gave  rise 
for  the  application  to  Col.  Preston,  of  which  the  follow- 
ing is  a  copy,  then  taken  by  me  in  my  memorandum 

"Captain  Cresap, 
"  What  did  you  kill  my  people  on  Yellow  Creek  for  ? 
The  white  people  killed  my  kin,  at  Conestoga,  a  great 
while  ago;  and  I  thought  nothing  of  that.  But  you 
killed  my  kin  again,  on  Yellow  Creek,  and  took  my 
Cousin  prisoner.  Then  I  thought  I  must  kill  too  ;  and 
I  have  been  three  times  to  war  since;  but  the  Indians 
are  not  angry  :  only  myself. 

"  Captain  JOHN  LOGAN." 
July  21st,  1774. 

With  great  respect,  I  am,  dear  Sir, 

Your  most  obedient  servant, 




Alleghany  County,  ss.    } 
State  of  Pennsylvania.  £ 

Before  me  the  subscriber,  a  justice  of  the  peace  in 
and  for  said  county,  personally  appeared  John  Gibson, 
Esquire,  an  associate  Judge  of  same  county,  who  being 
duly  sworn  deposeth  and  saith  that  he  traded  with  the 
Shawnese  and  other  tribes  of  Indians  then  settled  on 
the  Siota  in  the  year  1773,  and  in  the  beginning  of  the 
3'ear  1774,  and  that  in  the  month  of  April  of  the  same 
year,  he  left  the  same  Indian  towns,  and  came  to  this 
place,  in  order  to  procure  some  goods  and  provisions, 
that  he  remained  here  only  a  few  days,  and  then  set  out 
in  company  with  a  certain  Alexander  Blaine  and  M. 
Elliott  by  water  to  return  to  the  towns  on  Siota,  and 
that  one  evening  as  they  were  drifting  in  their  Canoes 
near  the  Long  Reach  on  the  Ohio,  they  were  hailed  by 
a  number  of  white  men  on  the  South  West  Shore,  who 
requested  them  to  put  ashore,  as  they  had  disagreeable 
news  to  inform  them  of;  that  we  then  landed  on  shore  ; 
and  found  amongst  the  party,  a  Major  Angus  M'Donald 
from  West  Chester,  a  Doctor  Woods  from  the  same 
place,  and  a  party  as  they  said  of  150  men.  We  then 
asked  the  news.  They  informed  us  that  some  of  the 
party  who  had  been  taken  up,  and  improving  lands  near 
the  Big  Kanhaway  river,  had  seen  another  party  of 
white  men,  who  informed  them  that  they  and  some 
others  had  fell  in  with  a  party  of  Shawnese,  who  had 
been  hunting  on  the  South  West  side  of  the  Ohio,  that 
they  had  killed  the  whole  of  the  Indian  party,  and  that 
the  others  had  gone  across  the  country  to  Cheat  river 
with  the  horses  and  plunder,  the  consequence  of  which 
they  apprehended  would  be  an  Indian  war,  and  that 
they  were  flying  away.  On  making  enquiry  of  them 
when  this  murder  should  have  happened,  we  found  that 
it  must  have  been  some  considerable  time  before  we 
left  the  Indian  towns,  and  that  there  was  not  the  small- 
est foundation  for  the  report,  as  there  was  not  a  single 
man  of  the  Shawnese,  but  what  returned  from  hunting 
long  before  this  should  have  happened. 

We  then  informed  them  that  if  they  would  agree  to 


remain  at  the  place  we  then  were,  one  of  us  would  go 
to  Hock  Hockung  river  with  some  of  their  party,  where 
we  should  find  some  of  our  people  making  Canoes,  and 
that  if  we  did  not  find  them  there,  we  might  conclude 
that  every  thing  was  not  right.  Doctor  Wood  and  an- 
other person  then  proposed  going  with  me  ;  the  rest  of 
the  party  seemed  to  agree,  but  said  they  would  send 
and  consult  captain  Cresap  who  was  about  two  miles 
from  that  place.  They  sent  off  for  him,  and  during  the 
greatest  part  of  the  night  they  behaved  in  the  most  dis- 
orderly manner,  threatening  to  kill  us,  and  saying  the 
damned  traders  were  worse  than  the  Indians  and  ought 
to  be  killed.  In  the  morning  captain  Michael  Cresap 
came  to  the  camp.  I  then  gave  him  the  information  as 
above  related.  They  then  met  in  Council,  and  after  an 
hour  or  more  captain  Cresap  returned  to  me,  and  in- 
formed that  he  could  not  prevail  on  them  to  adopt  the 
proposal  I  had  made  to  them,  that  as  he  had  a  great 
regard  for  Captain  R.  Callender,  a  brother  in  law  of 
mine  with  whom  1  was  connected  in  trade,  he  advised 
me  by  no  means  to  think  of  proceeding  any  further,  as 
he  was  convinced  the  present  party  would  fall  on  and 
kill  every  Indian  they  met  on  the  river,  that  for  his  part 
be  should  not  continue  with  them,  but  go  right  across 
the  country  to  Red-Stone  to  avoid  the  consequences. 
That  we  then  proceeded  to  Hocking  and  went  up  the 
same  to  the  canoe  place  where  we  found  our  people  at 
work,  and  after  some  days  we  proceeded  to  the  towns 
on  Siota  by  land.  On  our  arrival  there,  we  heard  of 
the  different  murders  committed  by  the  party  on  their 
way  up  the  Ohio. 

This  Deponent  further  saith  that  in  the  year  1774, 
he  accompanied  Lord  Dunmore  on  the  expedition 
against  the  Shawnese  and  other  Indians  on  the  Siota, 
that  on  their  arrival  within  15  miles  of  the  towns,  they 
were  met  by  a  flag,  and  a  white  man  of  the  name  of 
Elliott,  who  informed  Lord  Dunmore  that  the  Chiefs  of 
the  Shawnese  had  sent  to  request  his  Lordship  to  halt 
bis  army  and  send  in  some  person,  who  understood 
their  language ;  that  this  Deponent,  at  the  request  of 


Lord  Dunmore  and  the  whole  of  the  officers  with  him, 
went  in  ;  that  on  his  arrival  at  the  towns,  Logan,  the 
Indian,  came  to  where  this  deponent  was  sitting  with 
the  Corn-Stalk,  and  the  other  chiefs  of  the  Shawnese, 
and  asked  him  to  walk  out  with  him  ;  that  they  went 
into  a  copse  of  wood,  where  they  sat  down,  when  Lo- 
gan, after  shedding  abundance  of  tears,  delivered  to  him 
the  speech,  nearly  as  related  by  Mr.  Jefferson  in  his 
notes  on  the  State  of  Virginia  ;  that  he  the  deponent 
told  him  then  that  it  was  not  Col.  Cresap  who  had  mur- 
dered his  relations,  and  that  although  his  son  captain 
Michael  Cresap  was  with  the  party  who  killed  a  Shaw^ 
nese  chief  and  other  Indians,  yet  he  was  not  present 
when  his  relations  were  killed  at  Baker's,  near  the 
mouth  of  Yellow  Creek  on  the  Ohio',  that  this  Depo^ 
nenton  his  return  to  camp  delivered  the  speech  to  Lord 
Dunmore  ;  and  that  the  murders  perpetrated  as  above, 
were  considered  as  ultimately  the  cause  of  the  war  of 
1774,  commonly  called  Cresap's  war. 

Sworn  and  subscribed  the  4th  April,  ? 
J 800,  at  Pittsburg,  before  me,         $ 

Extract  of  a  Letter  from  Col.  EBEjVEZER  ZAJVE, 
to  the  honourable  JOHJV  BROWN,  one  of  the  Sena- 
tors in  Congress  from  Kentucky ;  dated  Wheeling, 
Feb.  4th,  1800. 

I  was  myself,  with  many  others,  in  the  practice  of 
making  improvements  on  lands  upon  the  Ohio,  for 
the  purpose  of  acquiring  rights  to  the  same.  Being 
on  the  Ohio  at  the  mouth  of  Sandy  Creek,  in  com- 
pany with  many  others,  news  circulated  that  the  In- 
dians had  robbed  some  of  the  Land  jobbers.  This 
news  induced  the  people  generally  to  ascend  the 
Ohio.  I  was  among  the  number.  On  our  arrival  at 
the  Wheeling,  being  informed  that  there  were  two 


Indians  with  some  traders  near  and  above  Wheeling, 
a  proposition  was  made  hy  the  then  captain  Michael 
Cresap  to  way  lay  and  kill  the  Indians  upon  the  river. 
This  measure  I  opposed  with  much  violence,  alleging 
that  the  killing  of  those  Indians  might  involve  the 
country  in  a  war.  But  the  opposite  party  prevailed, 
and  proceeded  up  the  Ohio  with  captain  Cresap  at 
their  head. 

In  a  short  time  the  party  returned,  and  also  the 
traders,  in  a  canoe  ;  but  there  were  no  Indians  in  the 
company.  I  enquired  what  had  become  of  the  In- 
dians, and  was  informed  by  the  traders  and  Cresap's 
party  that  they  had  fallen  overboard.  I  examined 
the  canoe,  and  saw  much  fresh  blood  and  some  bullet 
holes  in  the  canoe.  This  fully  convinced  me  that  the 
party  had  killed  the  two  Indians,  and  thrown  them 
into  the  river. 

On  the  afternoon  of  the  day  this  action  happened,  2 
a  report  prevailed  that  there  was  a  cam]),  or  party  of 
Indiaus  on  the  Ohio  below  and  near  the  Wheeling. 
In  consequence  of  this  information,  captain  Cresap 
with  his  part}',  joined  by  a  number  of  recruits,  pro- 
ceeded immediately  down  the  Ohio  for  the  purpose, 
as  was  then  generally  understood,  of  destroying  the 
Indians  above  mentioned.  On  the  succeeding  day, 
captain  Cresap  and  his  party  returned  to  Wheeling, 
and  it  was  generally  reported  by  the  party  that  they 
had  killed  a  number  of  Indians.  Of  the  truth  of  this 
report  I  had  no  doubt,  as  one  of  Cresap's  party  was 
badly  wounded,  and  the  party  had  a  fresh  scalp,  and 
a  quantity  of  property,  which  they  called  Indian 
plunder.  At  the  time  of  the  last  mentioned  transac- 
tion, it  was  generally  reported  that  the  party  of  In- 
dians down  the  Ohio  were  Logan  and  his  family  ;  but 
I  have  reason  to  believe  that  this  report  was  un- 

Within    a    few   days    after    the   transaction    above  3 
mentioned,   a  party  of  Indians  Were  killed  at  Yellow 
Creek.     Jbit   1    must   do  the  memory  of  captain  Cn 
sap  the  justice  to  say,   that  I  do  not  believe  that  be 


was  present  at  the  killing  of  the  Indians  at  Yellow 
Creek.  But  there  is  not  the  least  doubt  in  my  mind, 
that  the  massacre  at  Yellow  Creek  was  brought  on 
by  the  two  transactions  first  stated. 

All  the  transactions,  which  I  have  related  happen- 
ed in  the  latter  end  of  April  J774:  and  there  can 
scarcely  be  a  doubt  that  they  were  the  cause  of  the 
war  which  immediately  followed,  commonly  called 
J)unmore's  War. 

1  am  with  much  esteem, 
Yours,  &c. 


The  Certificate  of  WILLIAM  HUSTON,  of  Wash- 
ington  county,  in  the  state  of  Pennsylvania,  commu- 
nicated by  DAVID  R1DDWK,  Esquire,  Prothono- 
tary  of  Washington  county,  Pennsylvania ;  who,  in 
the  letter  enclosing  it,  says,  "  Mr.  WILLIAM  HUS- 
TOJYis  a  man  of  established  reputation  in  point  of 

I,  William  Huston,  of  Washington  county,  in  the 
State  of  Pennsylvania,  do  hereby  certify  to  whom  it 
may  concern,  that  in  the  year  1774,  I  resided  at  Cat- 
fishes  camp,  on  the  main  path  from  Wheeling  to  Red- 
stone :  that  Michael  Cresap,  who  resided  on  or  near 
the  Potowmac  river,  on  his  way  up  from  the  river 
Ohio,  at  the  head  of  a  party  of  armed  men,  lay  some 
time  at  my  cabin. 

I  had  previously  heard  the  report  of  Mr.  Cresap 
having  killed  some  Indians,  said  to  be  the  relations 
of  "  Logan"  an  Indian  Chief,  In  a  variety  of  con- 
versations with  several  of  Cresap's  party,  they  boast- 
ed of  the  deed  ;  and  that  in  the  presence  of  their  chief. 
They  acknowledged  they  had  fired  first  on  the  In- 
dians. They  had  with  them  one  man  on  a  litter, 
who  was  in  the  skirmish. 

J  do  further  certify  that,  from  what  I  learned  from 


the  party  themselves,  I  then  formed  the  opinion,  and 
have  not  had  any  reason  to  change  the  opinion  since, 
that  the  killing,  on  the  part  of  the  whites,  was  what  3 
I  deem  the  grossest  murder.  I  further  certify  that 
some  of  the  party,  who  afterwards  killed  some  wo- 
men and  other  Indians  at  Baker's  Bottom,  also  lay  at 
my  cabin,  on  their  march  to  the  interior  part  of  the 
county  -3  they  had  with  them  a  little  girl,  whose  life 
had  been  spared  by  the  interference  of  some  more 
humane  than  the  rest.  If  necessary  I  will  make  affi- 
davit to  the  above  to  be  true.  Certified  at  Washing- 
ton, this  18th  day  of  April,  Anno  Domini,  1798. 


The  Certificate  of  JACOB  JfEWLAJSTD,  of  Shelby 
County,  Kentucky,  communicated  by  the  Hon.  Judge 
Inncs,  of  Kentucky. 

In  the  year  1774,  I  lived  on  the  waters  of  Short 
Creek,  a  branch  of  the  Ohio,  12  miles  above  Wheel- 
ing. Sometime  in  June  or  in  July  of  that  year,  capt. 
Michael  Cresap  raised  a  party  of  men,  and  came  out 
under  col.  M( Daniel,  of  Hampshire  County,  Virginia, 
who  commanded  a  detachment  against  the  Wappo- 
tommaka  towns  on  the  Muskinghum.  1  met  with 
capt.  Cresap,  at  Redstone  fort,  and  entered  his  com- 
pany. Being  very  well  acquainted  with  him,  we 
conversed  freely  ;  and  he,  among  other  conversations, 
informed  me  several  times  of  falling  in  with  some  In- 
dians on  the  Ohio  some  distance  below  the  mouth  of  2 
Yellow  Creek,  and  killed  two  or  three  of  them  ;  and 
that  this  murder  was  before  that  of  the  Indians  by 
Great-house  and  others,  at  Yellow  Creek.  I  do  not 
recollect  the  reason  which  capt.  Cresap  assigned  for  3 
committing  the  act,  but  never  understood  that  the 
Indians  gave  any  offence.  Certified  under  my  hand 
this  l.")th  day  of  November,  1799,  being  an  inhabitant 

of  Shelby  county,  and  state,  of  Kentucky* 



The  Certificate  of  JOHN  JIjYDERSOJY,  a  merchant 
in  Fredericksburg-,  Virginia  ;  communicated  by  Mann 
Page,  Esq.  of  Mansfield,  near  Fredericksburg,  who, 
in  the  letter  accompanying  it,  says,  "  Mr.  John  An- 
derson has  for  many  years  past  betn  settled  in  Frede- 
ricksburg, in  the  mercantile  line  1  have  known  him 
i/c  prosperous  and  adverse  situations.  He  has  al- 
ways shown  the  greatest  degree  of  equanimity,  his 
honesty  and  veracity  are  unimpeachable.  These 
things  can  be  attested  by  all  the  respectable  part  of  the 
town  and  neighbourhood  of  Fredericksburg." 

Mr.  John  Anderson,  a  merchant  in  Fredericksburg, 
says,  that  in  the  year  1774,  being  a  trader  in  the  In- 
dian country,  he  was  at  Pittsburg,  to  which  place  he 
had  a  cargo  brought  up  tjie  river  in  a  boat  navigated 
1  by  a  Delaware  Indian  and  a  white  man.  That  on 
their  return  down  the  river,  with  a  cargo,  belonging 
to  Messrs.  Butler,  Michael  Cresap  fired  on  the  boat, 
and  killed    the   Indian,   after  which  two    men    of  the 

3  name  of  Gatewood  and  others  of  the  name  of  *Tum- 
blestone,  who  lived  on  the  opposite  side  of  the  river 
from  the  Indians,  with  whom  they  were  on  the  most 
friendly  terms,  invited  a  party  of  them  to  come  over 
and  drink  with  them  :  and  that,  when  the  Indians 
were  drunk,  they   murdered  them  to  the   number  of 

4  six,  among  whom  was  Logan's  mother.  That  five 
other  Indians  uneasy  at  the  absence  of  their  friends, 
came  over  the  river  to  enquire  after  them  ;  when 
they  were  fired  upon,  and  two  were  killed,  and  the 
others  wounded.     This  was  the  origin  of  the  war. 

I  certify  the  above  to  be  true  to  the  best  of  my  re- 

Attest— DAVID  BLAIR,  30th  June  1798. 

*  The  popular  pronunciation  of  Tomlinson,  which 
was  the  real  name. 


The  Deposition  of  JAMES  CHAMBERS,  communi- 
cated by  David  Riddick,  Esq.  Prothonoiary  of  Wash- 
ington  county,  Pennsylvania,  who  in  the  letter  en- 
closing it  shows  that  he  entertains  the  most  perfect 
confidence  in  the  truth  of  Mr.  Chambers. 

Washington  County,  sc. 

Personal!)'  came  before  me  Samuel  Shannon,  Esq., 
one  of  the  Commonwealth  Justices  for  the  County  of 
Washington  in  the  state  of  Pennsylvania,  James 
Chambers,  who  being  sworn  according  to  law,  de- 
poseth  and  saith  that  in  the  spring-  of  the  year  1774, 
lie  resided  on  the  frontier  near  Baker's  bottom  on 
the  Ohio  :  that  he  had  an  intimate  companion,  with 
whom  he  sometimes  lived,  named  "  Edward  King:"  2 
That  a  report  reached  him  that  Michael  Cresap  had 
killed  some  Indians  near  Grave  Creek,  friends  to  an 
Indian,  known  by  the  name  of"  Logan  :"  That  other  3 
of  his  friends,  folio  wing  down  the  river,  having  re- 
ceived intelligence,  and  fearing  to  proceed,  lest  Cre- 
sap might  fail  in  with  them,  encamped  near  the 
mouth  of  Yellow  Creek,  opposite  Baker's  bottom  ; 
That  Daniel  Great-house  had  determined  to  kill 
them  ;  had  made  the  secret  known  to  the  deponent's 
companion,  King ;  that  the  deponent  was  earnestly 
solicited  to  be  of  the  party,  and,  as  an  inducement, 
was  told  that  they  would  get  a  great  deal  of  plunder; 
and  furth<  r,  that  the  Indians  would  be  made  drunk 
by  Baker,  and  that  little  danger  would  follow  the  ex- 
pedition. The  deponent  refused  having  any  band  in 
killing  unoffending  people.  His  companion,  King, 
went  with  Great-house,  with  divers  others,  some  of 
whom  had  been  collected  at  a  considerable  distance 
under  an  idea  that  Joshua  Baker's  family  was  in 
danger  from  the  Indians,  as  war  had  been  commen- 
ced between  Cresap  and  them  already  ;  that  Edward 
King,  as  well  as  others  <>f  the  party,  did  not  conceal 
from  the  deponent  the  moHt  minute  circumstances  of 
this  affair;  they  informed  him  that  Great-house,  con- 



cealing  his  people,  went  over  to  the  Indian  encamp- 
ments and  counted  their  number,  and  found  that 
they  were  too  large  a  party  to  attack  with  his  strength; 
that  he  had  requested  Joshua  Baker,  when  any  of 
them  came  to  his  house,  (which  they  had  been  in  the 
habit  of,)  to  give  them  what  rum  they  could  drink, 
and  to  let  him  know  when  they  were  in  a  proper 
train,  and  that  he  would  then  fall  on  them  ;  that  ac- 
cordingly they  found  several  men  and  women  at 
Baker's  house  ;  that  one  of  these  women  had  caution- 
ed Great-house,  when  over  in  the  Indian  camp,  that 
he  had  better  return  home,  as  the  Indian  men  were 
drinking,  and  that  having  heard  of  Cresap's  attack 
on  their  relations  down  the  river,  they  were  angry, 
and,  in  a  friendly  manner,  told  him  to  go  home. 
Great-house,  with  his  party,  fell  on  them,  and  killed 
all  except  a  little  girl,  which  the  deponent  saw  with 

4  the  party  after  the  slaughter  :  that  the  Indians  in  the 
camp  hearing  the  firing,  manned  two  canoes,  sup- 
posing their  friends  at  Baker's  to  be  attacked,  as  was 
supposed:  the  party  under  Great-house  prevented 
their  landing  by  a  well-directed  fire,  which  did  exe- 
cution in  the  canoes:  that  Edward  King  showed  the 
deponent  one  of  the  scalps.  The  deponent  further 
saith,  that  the  settlements  near  the  river  broke  up, 
and  he  the  deponent  immediately  repaired  to  Cat- 
fish's camp,  and  lived  some  time  with  Mr.  William 
Huston  :  that  not  long  after  his  arrival,  Cresap,  with 
his  party,  returning  from  the  Ohio,  came  to  i\Jr.  Hus- 
ton's and  tarried  some  time  :  that  in  various  conver- 
sations with  the  party,  and   in  particular  with  a  Mr. 

2  Smith,  who  had  one  arm  only,  he  was  told  that  the 
Indians  were  acknowledged  and  known  to  be  Lo- 
gan's friends  which  they  had  killed,  and  that  he 
heard  the  party  say,  that  Logan  would  probably 
avenge  their  deaths. 

They  acknowledged  that  the  Indians  passed  Cre- 
sap's encampment  on  the  bank  of  the  river  in  a 
peaceable  manner,  and  encamped  below  him  ;  that 
they  went  down  and  fired  on  the  Indians,  and  killed 


several  ;  that  the  survivors  flew  to  their  arms  and 
fired  on  Cresap,  and  wounded  one  man,  whom  the 
deponent  saw  carried  on  a  litter  by  the  party;  that 
the  Indians  killed  by  Cresap  were  not  only  Logan's  2 
relations,  but  of  the  women  killed  at  Baker's  one  was  3 
said  and  generally  believed  to  be  Logan's  sister. 
The  deponent  further  saith,  that  on  the  relation  of 
the  attack  by  Cresap  on  the  unoffending  Indians,  he 
exclaimed  in  their  hearing,  that  it  was  an  atrocious 
murder  :  on  which  Mr.  Smith  threatened  the  depo- 
nent with  the  tomahawk;  so  that  he  was  obliged  to 
be  cautious,  fearing  an  injury,  as  the  party  appeared 
to  have  lost,  in  a  great  degree,  sentiments  of  human- 
ity as  well  as  the  effects  of  civilization.  Sworn  and 
subscribed  at  Washington,  the  20th  day  of  April,  An- 
no Domini  1798. 


Washington  County,  sc. 

cj_  .  I,  David  Reddick,  prothonotary  of  the 
court  of  common  pleas,  tor  the  county  ot 
Washington,  in  the  state  of  Pennsylvania,  do  certify 
that  Samuel  Shannon,  esq.  before  whom  the  within 
affidavit  was  made,  was,  at  the  time  thereof,  and  still 
is,  a  justice  of  the  peace  in  and  for  the  county  of 
Washington  aforesaid  ;  and  that  full  credit  is  due  to 
all  his  judicial  acts  us  such  as  well  in  courts  of  jus- 
tice as  thereout. 

In  testimony  whereof  I  have  hereunto  set  my 
hand  and  affixed  the  seal  of  my  office  at  Wash- 
ington, the  'J'ith  day  of  April,  Anno  Dom.  1798. 



The  Certificate  of  CHARLES  POLKE,  of  Shelby 
County,  in  Kentucky,  communicated  by  the  hon. 
Judge  Innes,  of  Kentucky,  ivho  in  the  letter  enclosing 
it,  together  with  Newland's  certificate,  and  his  own 
declaration  of  the  information  given  him  by  Baker, 
says,  "  /  am  ivell  acquainted  with  Jacob  JVewland,  he 
is  a  mart  of  integrity.  Charles  Polke  and  Joshua 
Baker  both  support  respectable  characters." 

About  the  latter  end  of  April  or  beginning  of  May 
1774,  I  lived  on  the  waters  of*  Cross  creek,  about  16 
miles  from  Joshua  Baker,  who  lived  on  the  Ohio,  op- 

3  posite  the  mouth  of  Yellow  creek.  A  number  of 
persons  collected  at  my  house,  and  proceeded  to  the 
said  Baker's  and  murdered  several  Indians,  among 
whom  was  a  woman  said  to  be  the  sister  of  the  Indi- 
an chief,  Logan.  The  principal  leader  of  the  party 
was  Daniel  Great-house.  To  the  best  of  my  recol- 
lection the  cause  which  gave  rise  to  the  murders  was, 
a  general  idea  that  the  Indians  were  meditating  an 
attack  on  the  frontiers.  Capt.  Michael  Cresap  was 
»ot  of  the  party  ;  but  I  recollect  that  some  time  be- 
fore the  perpetration  of  the  above  fact  it  was  current- 
ly reported  that  capt.  Cresap  had  murdered  some  In- 

2  dians  on  the  Ohio,  one  or  two,  some  distance  below 

Certified  by  me,  an  inhabitant  of  Shelby  county 
and  state  of  Kentucky,  this  15th  day  of  November, 


The  Declaration  of  the  hon.  Judge  IjYjYES,  of  Frank- 
fort, in  Kentucky. 

On  the  14th  of  November,  1799,  I  accidentally  met 

tipon  the  road  Joshua  Baker,  the  person  referred  to 

3  in  the  certificate  signed  by  Polke,  who  informed   me 

that  the  murder  of  the  Indians  in  1774,  opposite  the 


mouth  of  Yellow  creek,  was  perpetrated  at  his  house 
by  32  men,  led  on  by  Daniel  Great-house;  that  12 
were  killed  and  6  or  8  wounded  ;  among  the  slain 
was  a  sister  and  other  relations  of  the  Indian  chief, 
Logan.  Baker  says,  captain  Michael  Cresap  was 
not  of  the  party  ;  that  some  days  preceding  the  mur- 
der at  his  house  two  Indians  left  him  and  were  on 
their  way  home  ;  that  they  fell  in  with  capt.  Cresap  1 
and  a  party  of  land  improvers  on  the  Ohio,  and  were 
murdered,  if  not  by  Cresap  himself,  with  his  appro- 
bation ;  he  being  the  leader  of  the  part}',  and  that  he 
had  this  information  from  Cresap. 


The  Declaration  of  WILLIAM  ROB1JVSOM 

William  Robinson,  of  Clarksburg,  in  the  county  of 
Harrison,  and  state  of  Virginia,  subscriber  to  these 
presents,  declares  that  he  was,  in  the  year  1774,  a 
resident  on  the  west  fork  of  Monongalicla  river,  in 
the  county  then  called  West  Augusta,  and  being  in  his 
field  on  the  12th  of  July,  with  two  other  men,  they 
were  surprised  by  a  party  of  eight  Indians,  who  shot 
down  one  of  the  others  and  made  himself  and  the  re- 
maining one  prisoners ;  this  subscriber's  wife  and 
four  children  having  been  previously  conveyed  by 
him  for  safety  to  a  fort  about  24  miles  off;  that  the 
principal  Indian  of  the  party  which  took  them  was 
captain  Logan  ;  that  Logan  spoke  English  well,  and 
very  soon  manifested  a  friendly  disposition  to  this 
subscriber,  and  told  him  to  be  of  good  heart,  that  ho 
would  not  be  killed,  but  must  go  with  him  to  his 
town,  where  he  would  probably  he  adopted  in  some 
of  their  families ;  hut  above  all  things  that  he  must 
not  attempt  to  run  away;  that  in  the  course  of  the 
journey  to  the  Indian  town  he  generally  endeavoured 
to  keep  close  to  Logan,  who  had  u  great  deal  of  con- 
versation with   hin>,   always  encouraging  him  to  bQ 



cheerful  and  without  fear ;  for  that  he  would  not  he 
killed,  but  should  become  one  of  them  ;  and  constant- 
ly impressing   on  him  not  to   attempt  to  run  away  ; 
that  in  these  conversations  he  always  charged  capt, 
Michael  Cresap   with  the  murder  of  his  family  :  that 
on  his  arrival  in  the  town,  which  was  on  the  18th   of 
July,  he  was  tied  to  a  stake,  and  a  great  debate  arose 
whether  he  should  not  be  burnt  ;  Logan  insisted  on 
having  him  adopted,  while  others  contended  to  burn 
him:  that  at  length   Logan   prevailed,  tied   a   belt  of 
wampum  round  him  as  the  mark  of  adoption,  loosed 
him  from  the  post  and  carried  him  to  the  cabin  of  an 
old  sqiiaw,  where  Logan  pointed  out  a  person  who  he 
said  was  this  subscriber's  cousin  ;  and  he  afterwards 
Understood   that  the   old   woman  was   his  aunt,  and 
two  others  his  brothers,  and  that  he  now  stood  in  the 
place  of  a  warrior  of  the  family  who  had  been  killed 
at  Yellow  creek  :  that  about  three   days   after  this 
Logan  brought  him  a  piece  of  paper,  and  told  him  he 
must  write  a  letter  for  him,  which  he' meant  to  carry 
and  leave  in   gome  house  where  he  should  kill  some- 
body; that  he  made  ink  with   gun-powder,  and  the 
subscriber  proceeded  to  write  the  letter  by  his  direc- 
tion,  addressing  captain  Michael  Cresap   in  it,  and 
that  the  purport  of  it  was,  to  ask  "  why  he  had  killed 
his  people  ?     That  some  time  before   they  had  killed 
his  people  at  some  place  (the  name  of  which  the  sub- 
scriber forgets)   which   he   had   forgiven  ;  hut   since 
that  he  had  killed   his  people  again  at  Yellow  creek, 
and    taken   his   cousin,    a  little    girl,   prisoner;   that 
therefore  he   must  war  against  the  whites:  but  that 
he  would  exchange  the  subscriber  for  his  cousin." 
And  signed  it  with   Logan's  name,  which  letter  Lo- 
gan took  and  set  out  again  to  war  ;  and  the  contents 
of  this  letter,  as  recited  by  the  subscriber,  calling  to 
mind,  that  stated  by  Judge  Innes  to  have  been  left, 
tied  to  a  war  club,  in   a  house,  where  a  family  was 
murdered,  and  that  being  read  to  the  subscriber,  he 
recognises  it,  and  declares  he  verily  believes  it  to 
have  been  the  identical  letter  which  he  wrote,  and 


supposes  he  was  mistaken   in  stating  as  he  has  done 
before  from  memory,  that  the  offer  of  the  exchange 
was  proposed  in  the  letter ;  that  it  is  probable  it  was 
only  promised  him  by  Logan,  but  not  put  in  the  let- 
ter ;  while  he  was  with  the  old  woman,  she  repeated- 
ly endeavoured   to  make  him  sensible  that  she  had 
been  of  the   party   at  Yellow   creek,  and,  by  signs,  3 
showed  how  they  decoyed  her  friends  over  the  river 
to  drink,  and  when  they  were  reeling  and   tumbling 
about,  tomahawked  them  all,  and  that  whenever  she 
entered  on  this  suhjectshe  was  thrown  into  the  most 
violent  agitations,  and  that  he  afterwards  understood 
that,   amongst  the   Indians  killed  at  Yellow  Creek, 
was  a  sister  of  Logan,  very   big   with   child,  whom 
they  ripped  open,  and   stuck  on  a  pole  :  that  he  con- 
tinued with  the  Indians  till  the  month  of  November, 
when  he  was  released  in  consequence   of  the  peace 
made  by  them   with  Lord   Dun  more  :  that,  while  he 
remained  with   them,  the  Indians  in   general  were 
very   kind   to  him  ;  and   especially   those   who   were 
his  adopted  relations  ;  but  above  all,  the  old  woman 
and  family  in  which  he  lived,  who  served    him   with 
every  thinjr  in  their  power,  and  never  asked,  or  even 
Buffered   bim  to   do  any   labour,  seeming  in  truth  to 
consider  and  respect  him,  as  the  friend  they  had  lost. 
All  which  several  matters  and    things,  so  far  as  they 
are  stated  to  be  of  his  own  knowledge,  this  subscrib- 
er solemnly  declares  to  be   true,  and   so   far  as  they 
are  stated    on    information   from   others,   he  believes 
them  to  be  true.      Given  and  declared  under  his  hand 
at  Philadelphia,  this  28th  day  of  February,  lt<00. 



The  deposition  of  Col.  William  JWKee  of  Lincoln  Coun- 
ty, Kentucky,  communicated  by  the  Hon.  John  Broivn, 
one  of  the  Senators  in  Congress  from  Kentucky. 

Colonel  William  M'Kee  of  Lincoln  County  declareth, 
that  in  autumn  1774,  he  commanded  as  a  captain  in  the 
Bottetourt  Regiment  under  Col.  Andrew  Lewis,  after- 
wards Gen.  Lewis  :  and  fought  in  the  battle  at  the 
mouth  of  the  Kanhawa,  on  the  10th  of  October  in  that 
year.  That  after  the  battle,  Col.  Lewis  inarched  the 
militia  across  the  Ohio  and  proceeded  towards  the 
Shawnee  Towns  on  Scioto  ;  but  before  they  reached 
the  Towns,  Lord  Dunmore  who  was  commander  in 
chief  of  the  army,  and  had,  with  a  large  party  thereof 
been  up  the  Ohio  about  Hockhockin,  when  the  battle 
was  fought,  overtook  the  militia,  and  informed  them  of 
his  having  since  the  battle  concluded  a  Treaty  with  the 
Indians  ;  upon  which  the  whole  army  returned. 

And  the  said  William  declareth  that,  on  the  evening 
of  that  day  on  which  the  junction  of  the  troops  took 
place,  he  was  in  company  with  Lord  Dunmore  and  se- 
veral of  his  officers,  and  also  conversed  with  several  who 
had  been  with  Lord  Dunmore  at  the  Treaty  ;  said  Wil- 
liam, on  that  evening,  heard  repeated  conversations 
concerning  an  extraordinary  speech  made  at  the  Trea- 
ty, or  sent  there  by  a  chieftain  of  the  Indians  named 
Logan,  and  heard  several  attempts  at  a  rehearsal  of  it. 
The  speech  as  rehearsed  excited  the  particular  atten- 
tion of  said  William,  and  the  most  striking  members  of 
it  were  impressed  on  his  memory. 

And  he  declares  that  when  Thomas  Jefferson's  notes 
on  Virgina  were  published,  and  he  came  to  peruse  the 
same,  he  was  struck  with  the  speech  of  Logan  as  there 
set  forth,  as  being  substantially  the  same,  and  accord- 
ant with  the  Speech  he  heard  rehearsed  in  the  camp 
as  aforesaid. 

Signed,  WILLTAM  M'KEE. 

Danville,  December  18th,  1799. 
We  certify  that  Col.  William  M'Kee  this  day  signed 


the  original  certificate,  of  which  the  foregoing  is  a  true 
copy,  in  our  presence. 


J.  H.  DEWEES, 

The  Certificate  of  the  Honorable  STEVENS  THOMP- 
SON MASON,  one  of  the  Senators  in  Congress  from    . 
the  State  of  Virginia. 

"  LOGAN'S  Speech,  delivered  at  the  Treaty,  after 
the  Battle,  in  which  Col.  LEWIS  was  killed  in  1774." 

[Here  follows  a  copy  of  the  speech  agreeing-  verba- 
tim with  that  printed  in  Dixon  and  Hunter's  Virginia 
Gazette  of  February  4,  1775,  under  the  Williamsburg 
head.     At  the  foot  is  this  certificate.] 

"The  foregoing  is  a  copy  taken  by  me,  when  a  boy, 
at  school,  in  the  year  1775,  or  at  furthest  in  177G,  and 
lately  found  in  an  old  pocket  hook,  containing  papers 
and  manuscripts  of  that  period, 


"  January  20th,  1798." 

A  copy  of  LOGANS  Speech  given  by  the  late  General 
MERCER,  who  fell  in  the  Battle  of  Trenton,  January 
1776,  to  LEWIS  WILLIS,  Esq.,  of  Fredericksburg,  in 
Virginia,  upwards  of  20  years  ago,  (from  the  date  of 
February  1798,)  communicated  through  MANN  PAGE, 

«  The  SPEECH  of  LOGAN,  a  Shawanese  chief,  to 
Lord  Dunmore." 

[Here  follows  a  copy  of  the  speech,  agreeing  verba- 
tim with  that  in  the  Notes  on  Virginia.] 

A  copy  of  LOGAN'S  SPEECH  from  the  Notes  on 
Virginia  having  been  sent  to  captain  ANDREW  KOD- 
GERS  of  Kentucky,  he  subjoined  the  following  certi- 
ficate : — 


"  In  the  year  1774,  T  was  out  with  the  Virginia  Vol- 
unteers, and  was  in  the  battle  at  the  mouth  of  Canha- 
wee,  and  afterwards  proceeded  over  the  Ohio  to  the 
Indian  towns.  I  did  not  hear  Logan  make  the  above 
speech;  but,  from  the  unanimous  accounts  of  those  in 
camp,  1  have  reason  to  think  that  said  speech  was  de- 
livered to  Dunmore.  I  remember  to  have  heard  the 
very  things  contained  in  the  above  speech,  related  by 
some  of  our  people  in  camp  at  that  time. 


The  declaration  of  Mr.  JOHJV  HECKEW ELDER,  for 

several  years  a  Missionary  from  the  Society  of  Moravi- 
ans, among  the  western  Indians. 

In  the  spring  of  the  year  1774,  at  a  time  when  the 
interior  part  of  the  Indian  country  all  seemed  peace 
and  tranquil,  the  Villagers  on  the  Muskingum  were 
suddenly  alarmed  by  two  Runners  (Indians,)  who  re- 
ported "  that  the  Big  Knife,  (Virginians)  had  attacked 
the  Mingo  settlement,  on  the  Ohio,  and  butchered  even 
the  women  with  their  children  in  their  arms,  and  that 
Logan's  family  were  among  the  slain."  A  day  or  two 
after  this,  several  Mingoes  made  their  appearance  ; 
among  whom  were  one  or  two  wounded,  who  had  in 
this  manner  effected  their  escape.  Exasperated  to  a 
high  degree,  after  relating  the  particulars  of  this  trans- 
action, (which  for  humanity's  sake  I  forbear  to  men- 
tion,) after  resting  some  time  on  the  treachery  of  the 
Big  Knives,  of  their  barbarity  to  those  who  are  their 
friends,  they  gave  a  figurative  description  of  the  per- 
petrators ;  named  Cresap  as  having  been  at  the  head  of 
this  murderous  act.  They  made  mention  of  nine  being 
killed,  and  two  wounded  ;  and  were  prone  to  take  re- 
venge on  any  person  of  white  colour  ;  for  which  rea- 
son the  missionaries  had  to  shut  themselves  up  during 
their  stay.  From  this  time  terror  daily  increased.  The 
exasperated  friends  and  relations  of  these   murdered 


women  and  children,  with  the  nations  to  whom  they 
belonged,  passed  and  repassed  through  the  villages  of 
the  quiet  Delaware  towns,  in  search  of  white  people, 
making  use  of  the  most  abusive  language  to  these  (the 
Delaware?,)  since  they  would  not  join  in  taking  re- 
venge. Traders  had  either  to  hide  themselves,  or  try 
to  get  out  ofthe  country  the  best  way  they  could.  And 
even,  at  this  time,  they  yet  found  such  true  friends 
among  the  Indians,  who,  at  the  risk  of  their  own  lives, 
conducted  them,  with  the  best  part  of  their  property,  to 
Pittsburg;  although  (shameful  to  relate!)  these  bene- 
factors were,  on  their  return  from  this  mission,  waylaid, 
and  fired  upon  by  whites,  while  crossing  Big  Beaver  in 
a  canoe,  and  had  one  man,  a  Shawnese,  named  Silver- 
heels,  (a  man  of  note  in  his  nation)  wounded  in  his  bo- 
dy. This  exasperated  the  Shawnese  so  much,  that  they, 
or  at  least  a  great  part  of  them,  immediately  took  an  ac- 
tive part  in  the  cause  ;  and  the  Mingoes,(nearest  connect- 
ed with  the  former,  became  unbounded  in  their  rage.  A 
Mr.  Jones,  son  to  a  respectable  family  of  this  neigh- 
bourhood (Bethlehem,)  who  was  then  on  his  passage 
up  Muskingum,  with  two  other  men,  was  fortunately 
espied  by  a  friendly  Indian  woman,  at  the  falls  of  Mus- 
kingum ;  who  through  motives  of  humanity  alone,  in- 
formed Jones  of  the  nature  of  the  times,  and  that  he 
was  running  right  in  the  hands  of  the  enraged  ;  and  put 
him  on  the  way,  where  be  might  perhaps  escape  the 
vengeance  of  the  strolling  parties.  One  of  Jones's  men, 
fatigued  by  travelling  in  the  woods,  declared  he  would 
rather  die  than  remain  longer  in  this  situation  ;  and  hit- 
ting accidentally  on  a  path,  he  determined  to  follow 
the  same.      A  few  hundred  yards  decided  his  fate,      lie 

was  met  by  a  party  of  about  fifteen  Mingoes,  (and  as  it 
happened,  almost  within  sight  of  White  Eyes  Town,) 
murdered  and  cut  to  pieces  :  and  his  limbs  and  flesh 
stuck  up  on  the  bushes.  White  Byes,  on  hearing  the 
Scalp  Halloo,  ran    immediately  out  with   his  men,  to 

see    what    the    matter    was  i   and    finding    the    mangled 

body  in  this  condition,  gathered   the  whole  and  buried 

it.     But  next  day,  when  some  ofthe  above  party  found 


on  their  return  the  body  interred,  they  instantly  tore  up 
the    ground,    and  endeavoured    to    destroy,  or    scatter 
about,    the  parts  at  a  greater   distance.     White  Eyes, 
with   the  Delawares,  watching  their  motions,  gathered 
and  interred  the  same  a  second  time.     The  war  party 
finding  this  out,  ran  furiously  into  the  Delaware  Village, 
exclaiming  against  the  conduct  of  these  people,  setting 
forth  the  cruelty  of  Cresap  towards   women   and  chil- 
dren, and  declaring  at  the  same  time,  that  they  would, 
in  consequence  of  this  cruelty,  serve   every  white  man 
they  should   meet  with   in   the  same   maimer.     Times 
grew  worse  and  worse,  war  parties  went  out  and  took 
scalps  and  prisoners,  and  the  latter,  in  hopes  it  might  be 
of  service  in  saving  their  lives,  exclaimed   against  the 
barbarous  act    which    gave  rise  to  these  troubles  and 
against  the   perpetrators.      The    name    of  Greathouse 
was  mentioned   as  having  been  accomplice  to  Cresap. 
So  detestable   became   the  latter  name  among  the  In- 
dians, that  I  have  frequently  heard  them  apply  it  to  the 
worst  of  things  ;  also   in  quieting  or  stilling  their  chil- 
dren, I  have  heard   them  say,  Hush  !  Cresap  will  fetch 
vou  :  whereas  otherwise,  they  name  the  Owl.  The  war- 
riors   having  afterwards  bent  their  course  more  toward 
the  Ohio,  and  down   the   same,  peace   seemed   with  us 
already  on   the  return  ;  and  this  became  the  case  soon 
after  the  decided  battle  fought  on  the  Kanhaway.    Tra- 
ders, returning   now  into  the  Indian  country  again,  re- 
lated the  story  of  the  above   mentioned  massacre,  after 
the  same  manner,  and  with  the  same  words,  we  have  heard 
it  related  hitherto.     So  the   report  remained,  and  was 
believed,  by  all  who  resided  in  the  Indian  country.     So 
it    was  represented  numbers  of  times,  in  the  peaceable 
Delaware  Towns,  by  the  enemy.     So  the  Christian  In- 
dians were  continually  told  they  would  one  day  be  serv- 
ed.    With  this  impression,  a  petty  Chief  hurried  all  the 
way  from  Wabash  in  1779  to  take  his  relations  (who 
were  living  with  the  peaceable  Delawares  near  Coshach- 
king),  out  of  the   reach  of  the    Big   Knives,  in   whose 
friendship  he  never   more   would  place  any  confidence. 
And  when  this  man  found  that  his  numerous  relations 


w*>uld  not  break  friendship  with  the  Americans,  nor  be 
removed,  he  took  two  of  his  relations  (women)  off  by 
force,  saying  "  The  whole  crop  should  not  be  destroy- 
ed ;  I  will  have  seed  out  of  it  for  a  new  crop  :"  alluding 
to,  and  repeatedly  reminding  these  of  the  family  of 
Logan,  who  he  said  had  been  real  friends  to  the  whites, 
and  yet  were  cruelly  murdered  by  them. 

In  Detroit,  where  I  arrived  the  same  Spring,  the  re- 
port respecting  the  murder  of  the  Indians  on  Ohio 
(amongst  whom  was  Logan's  family)  was  the  same  as 
related  above  ;  and  on  my  return  to  the  United  States  in 
the  Fall  of  1786,  and  from  that  time,  whenever  and 
wherever  in  my  presence,  this  subject  was  the  topic  of 
conversation,  I  found  the  report  still  the  same  ;  viz.  that 
a  person,  bearing  the  name  of  Cresap,  was  the  author, 
or  perpetrator  of  this  deed. 

Logan  was  the  second  son  of  Shikellemus,  a  cele- 
brated chief  of  the  Cayuga  nation.  This  chief,  on  ac- 
count of  his  attachment  to  the  English  government,  was 
of  great  service  to  the  country,  having  the  confidence 
of  all  the  Six  Nations,  as  well  as  that  of  the  English, 
he  was  very  useful  in  settling  disputes,  &c.  &c.  He 
was  highly  esteemed  by  Conrad  Weisser,  Esq.  (an  offi- 
cer for  government  in  the  Indian  department,)  with 
whom  he  acted  conjunctly,  and  was  faithful  unto  his 
death.  His  residence  was  at  Shamokin,  where  he  took 
great  delight  in  acts  of  hospitality  to  such  of  the  white 
people  whose  business  led  them  that  way.*  His  name 
and  fame  were  so  high  on  record,  that  Count  Zinzen- 
dorf,  when  in  this  country,  in  1742,  became  desirous  of 
seeing  him,  and  actually  visited  him  at  his  house  in 
Shamokin.f  About  the  year  J 772,  Logan  was  intro- 
duced to  me,  by  an  Indian  friend  ;  as  son  to  the  late  re- 
putable chief  Shikellemus,  and  as  a  friend  to  the  white 

*  The  preceding  account  of  Shikellemus,   (Logan's  father)   is 
copied  from  manuscripts  of  the  Kcv.  C.  I'yrla: us,  written  belv.  • 
the  years  1741,  and  1748. 

t  See  Ci.  H.  HoskicTs  history  of  the   Mission   of  the    United 
Brethren,  &c.  part  II.  chap.  II.  page  31. 



people.  In  the  course  of  conversation,  I  thought  hinfa 
man  of  superior  talents,  than  Indians  generally  were. 
The  subject  turning  on  vice  and  immorality,  he  confess- 
ed his  too  great  share  of  this,  especially  his  fondness  for 
liquor.  He  exclaimed  against  the  white  people  for  im- 
posing liquors  upon  the  Indians  ;  he  otherwise  admired 
their  ingenuity  ;  spoke  of  gentlemen,  but  observed  the 
Indians  unfortunately  had  but  few  of  these  as  their 
neighbours,  &c.  He  spoke  of  his  friendship  to  the  white 
people,  wished  always  to  be  a  neighbour  to  them,  in- 
tended to  settle  on  the  Ohio,  below  Big  Beaver  ;  was 
(to  the  best  of  my  recollection)  then  encamped  at 
the  mouth  of  this  river,  (Beaver,)  urged  me  to  pay 
him  a  visit,  &c.  Note.  I  was  then  living  at  the  Mora- 
vian town  on  this  river,  in  the  neighbourhood  of  Cus- 
kuskee.  In  April  1773,  while  on  my  passage  down  the 
Ohio  for  Mnskinghum,  I  called  at  Logan's  settlement  ; 
where  I  received  every  civility  I  could  expect  from 
such  of  the  family  as  were  at  home. 

Indian  reports  concerning  Logan,  after  the  death  of 
his  family,  ran  to  this  ;  that  he  exerted  himself  during 
the  Shawanee  war,  (then  so  called)  to  take  all  the  re- 
venge he  could,  declaring  he  had  lost  all  confidence  in 
the  white  people.  At  the  time  of  negotiation,  he  de- 
clared his  reluctance  in  laying  down  the  hatchet,  not 
having  (in  his  opinion)  yet  taken  ample  satisfaction  ; 
yet,  for  the  sake  of  the  nation,  he  would  do  it.  His  ex- 
pressions, from  time  to  time,  denoted  a  deep  melan- 
choly. Life  (said  he)  had  become  a  torment  to  him: 
He  knew  no  more  what  pleasure  was:  He  thought  it 
had  been  better  if  he  had  never  existed,  &c.  &c.  Re- 
port further  states,  that  he  became  in  some  measure 
delirious,  declared  he  would  kill  himself,  went  to  De- 
troit, drank  very  freely,  and  did  not  seem  to  care  what 
he  did,  and  what  became  of  himself.  In  this  condition 
he  left  Detroit,  and  on  his  way  between  that  place  and 
Miami,  was  murdered.  In  October  1781,  (while  as 
prisoner  on  my  way  to  Detroit,)  I  was  shown  the  spot 
where  this  should  have  happened.  Having  had  an  op- 
portunity since  last  June  of  seeing  the  Rev.  David  Zeis- 


berger,  senior,  missionary  to  the  Delaware  nation  of 
Indians,  who  had  resided  among  the  same  on  Mus- 
kinghum,  at  the  time  when  the  murder  was  committed 
on  the  family  of  Logan,  I  put  the  following  questions  to 
him.  1.  Who  he  had  understood  it  was  that  had  com- 
mitted the  murder  on  Logan's  family?  And  secondly, 
whether  he  had  any  knowledge  of  a  speech  sent  to  lord 
Dunmore  by  Logan,  in  consequence  of  this  affair,  <Scc. 
To  which  Mr.  Zeisberger's  answer  was:  That  he  had, 
from  that  time  when  this  murder  was  committed  to  the 
present  day,  firmly  believed  the  common  report  (which 
he  had  never  heard  contradicted]  viz.  that  one  Cresap 
was  the  author  of  the  massacre  ;  or  that  it  was  com- 
mitted by  his  orders  ;  and  that  he  had  known  Logan  as 
a  boy,  had  frequently  seen  him  from  that  time,  and 
doubted  not  ill  the  least,  that  Logan  had  sent  such  a 
speech  to  Lord  Dunmore  on  this  occasion,  as  he  under- 
stood from  me  had  been  published  ;  that  expressions  of 
that  kind  from  Indians  were  familiar  to  him  ;  that  Lo- 
gan in  particular  was  a  man  of  quick  comprehension, 
good  judgment  and  talents.  Mr.  Zeisberger  has  been 
a  missionary  upwards  of  fifty  years ;  his  age  is  about 
eighty;  speaks  both  the  language  of  the  Onondagoes 
and  the  Delawares ;  resides  at  present  on  the  Muskin- 
gum, with  his  Indian  congregation  ;  and  is  beloved  and 
respected  by  all  who  are  acquainted  with  him. 


From  this  testimony  the  following  historical  statement  re- 
sults : 
In  April  or  May  1774,  a  number  of  people  being 
engaged  in  looking  out  for  settlements  on  the  Ohio,  in- 
formation was  spread  among  them,  that  the  Indians  had 
robbed  some  of  the  landjobbers,  as  those  adventurers 
were  called.  Alarmed  for  their  safety,  they  collected 
together  at  Wheeling-creek.    *  Hearing  there  that  there 

*   Fifit  murder  of  the  two  Indians  by  Cresap. 


were  two  Indians  and  some  traders  a  little  above  Wheel- 
ing, Captain  Michael  Cresap,  one  of  the  party,  proposed 
to  waylay  and  kill  them.  The  proposition,  though  op- 
posed, was  adopted.  A  party  went  up  the  river,  with 
Cresap  at  their  head,  and  killed  the  two  Indians. 

*  The  same  afternoon  it  was  reported  that  there  was 
a  party  of  Indians  on  the  Ohio,  a  little  below  Wheeling. 
Cresap  and  his  party  immediately  proceeded  down  the 
river,  and  encamped  on  the  bank.  The  Indians  passed 
him  peaceably,  and  encamped  at  the  mouth  of  Grave- 
creek,  a  little  below.  Cresap  and  his  party  attacked 
them,  and  killed  several.  The  Indians  returned  the 
fire,  and  wounded  one  of  Cresap's  party.  Among  the 
slain  of  the  Indians  were  some  of  Logan's  family.  Co- 
lonel Zane  indeed  expresses  a  doubt  of  it ;  but  it  is  af- 
firmed by  Huston  and  Chambers.  Smith,  one  of  the 
murderers,  said  they  were  known  and  acknowledged  to 
be  Logan's  friends,  and  the  party  themselves  generally 
said  so  ;  boasted  of  it  in  presence  of  Cresap  ;  pre- 
tended no  provocation ;  and  expressed  their  expectations 
that  Logan  would  probably  avenge  their  deaths. 

Pursuing  these  examplesf  Daniel  Great-house  and 
one  Tomlinson,  who  lived  on  the  opposite  side  of  the 
river  from  the  Indians,  and  were  in  habits  of  friendship 
with  them,  collected  at  the  house  of  Polke  on  Cross 
creek,  about  16  miles  from  Baker's  Bottom  a  party  of 
32  men.  Their  object  was  to  attack  a  hunting  encamp- 
ment of  Indians,  consisting  of  men,  women  and  chil- 
dren, at  the  mouth  of  Yellow  creek,  some  distance  above 
Wheeling.  They  proceeded,  and  when  arrived  near 
Baker's  Bottom,  they  concealed  themselves,  and  Great- 
house  crossed  the  river  to  the  Indian  camp.  Being 
among  them  as  a  friend  he  counted  them,  and  found 
them  too  strong  for  an  open  attack  with  his  force. 
While  here,  he  was  cautioned  by  one  of  the  women  not 
to  stay,  for  that  the  Indian  men  were  drinking,  and 

*  Second  murder  on  Grave-creek. 

t  Massacre  at  Baker's  Bottom,   opposite   Yellow  Creek,  by 


having  heard  of  Cresap's  murder  of  their  relations  at 
Grave  creek,  were  angry,  and  she  pressed  him  in  a 
friendly  manner,  to  go  home  ;  whereupon,  after  inviting 
them  to  come  over  and  drink,  he  returned  to  Baker's 
which  was  a  tavern,  and  desired  that  when  any  of  them 
should  come  to  his  house  he  would  give  them  as  much 
rum  as  they  would  drink.  When  bis  plot  was  ripe  and 
a  sufficient  number  of  them  were  collected  at  Baker's 
and  intoxicated,  he  and  his  party  fell  on  them  and  mas- 
sacred the  whole,  except  a  little  girl,  whom  they  pre- 
served as  a  prisoner.  Among  these  was  the  very  wo- 
man who  had  saved  his  life,  by  pressing  him  to  retire 
from  the  drunken  wrath  of  her  friends,  when  he  was 
spying  their  camp  at  Yellow-creek. — Either  she  herself, 
or  some  other  of  the  murdered  women,  was  the  sister 
of  Logan,  very  big  with  child,  and  inhumanly  and  in- 
decently butchered  ;  and  there  were  others  of  his  rela- 
tions who  fell  here. 

The  party  on  the  other  side  of  the  river,*  alarmed  for 
their  friends  at  Baker's,  on  hearing  the  report  of  the 
guns,  manned  two  canoes  and  sent  them  over.  They 
were  received,  as  they  approached  the  shore,  by  a  well 
directed  fire  from  Great-house's  party,  which  killed 
some,  wounded  others,  and  obliged  the  rest  to  put  back. 
Baker  tells  us  there  were  twelve  killed,  and  six  or  eight 

This  commenced  the  war,  of  which  Logan's  war- 
club  and  note  left  in  the  house  of  a  murdered  family, 
was  the  notification.  In  the  course  of  it,  during  the 
ensuing  summer,  great  numbers  of  innocent  men,  wo- 
men and  children,  fell  victims  to  the  tomahawk  and 
scalping  knife  of  the  Indians,  till  it  was  arrested  in  the 
autumn  following  by  the  battle  at  Point  Pleasant  and 
the  pacification  with  Lord  Dunmorc,  at  which  the 
speech  of  Logan  was  delivered. 

Of  the  genuineness  of  that  speech  nothing  need  be 
said. — It  was  known  to  the  camp  when:  it  was  deliver- 
ed; it  was  given  out  by  Lord  Dunmorc  and  his  officers; 

*  Fourth  murder  by  Grcat-hou 


it  ran  through  the  public  papers  of  these  states ;  was 
rehearsed  as  an  exercise  at  schools:  published  in  the 
papers  and  periodical  works  of  Europe;  and  all  this,  a 
dozen  years  before  it  was  copied  into  the  Notes  on  Vir- 
ginia. In  fine,  General  Gibson  concludes  the  question 
for  ever,  by  declaring  that  he  received  it  from  Logan's 
hand,  delivered  it  to  Lord  Dunmore,  translated  it  for 
him,  and  that  the  copy  in  the  Notes  on  Virginia  is  a 
faithful  copy. 

The  popular  account  of  these  transactions,  as  stated 
in  the  Notes  on  Virginia,  appears,  on  collecting  exact 
information,  imperfect  and  erroneous  in  its  details.  It 
was  the  belief  of  the  day  ;  but  how  far  its  errors  were 
to  the  prejudice  of  Cresap,  the  reader  will  now  judge. 
That  he,  and  those  under  him,  murdered  two  Indians 
above  Wheeling ;  that  they  murdered  a  large  number 
at  Grave-creek,  among  whom  were  a  part  of  the  family 
and  relations  of  Logan,  cannot  be  questioned ;  and  as 
little  that  this  led  to  the  massacre  of  the  rest  of  the  fa- 
mily at  Yellow-creek.  Logan  imputed  the  whole  to 
Cresap  in  his  war  note  and  peace-speech:  the  Indians 
generally  imputed  it  to  Cresap  :  Lord  Dunmore  and  his 
officers  imputed  it  to  Cresap  :  the  country  with  one  ac- 
cord, imputed  it  to  him  :  and  whether  he  were  inno- 
cent, let  the  universal  verdict  now  declare, 


The  declaration  of  John  Sappington,  received  after  the 
publication  of  the  preceding  Appendix. 

I,  JOHN  SAPPINGTON,  declare  myself  to  be  inti- 
mately acquainted  with  all  the  circumstances  respect- 
ing the  destruction  of  Logan's  family,  and  do  give 
in  the  following  narrative,  a  true  statement  of  that 

Logan's  family  (if  it  was  his  family)  was  not  killed  by 
Cresap,  nor  with  his  knowledge,  nor  by  his  consent,  but 
by  the  Great-houses  and  their  associates.  They  were 
killed  30  miles  above  Wheeling,  near  the  mouth  of  Yel- 
low creek.  Logan's  camp  was  on  one  side  of  the  river 
Ohio,  and  the  house,  where  the  murder  was  committed, 
opposite  to  it  on  the  other  side. — They  had  encamped 
there  only  four  or  live  days,  and  during  that  time  had 
lived  peaceably  and  neighbourly  with  the  whites  on  the 
opposite  side,  until  the  very  day  the  affair  happened.  A 
little  before  the  period  alluded  to,  letters  had  been  re- 
ceived by  the  inhabitants  from  a  man  of  great  influence 
in  that  country,  and  who  was  then  I  believe  at  Cap- 
teener,  informing  them  that  war  was  at  hand,  and  de- 
siring them  to  be  on  their  guard.  In  consequence  of 
those  letters  and  other  rumours  of  the  same  import,  al- 
most all  the  inhabitants  fled  for  safety  into  the  settle- 
ments. It  was  at  the  house  of  one  Baker  the  murder 
was  committed.  liaker  was  a  man  who  sold  rum,  and 
the  Indians  had  made  frequent  visits  at  bis  house,  in- 
duced, probably,  by  their  fondness  for  that  liquor.  He 
had  been  particularly  desired  by  Cresap  to  remove  and 
take  away  his  nun,  and  he  was  actually  preparing  to 
move  at  the  time  of  the  murder.     The  evening  before  a 


squaw  came  over  to  Baker's  house,  and  by  her  crying 
seemed  to  be  in  great  distress.     The  cause  of  her  un- 
easiness being  asked,  she  refused   to  tell ;  but  getting 
Baker's  wife  alone,  she  told  her,  that  the  Indians  were 
going  to  kill  her  and  all  her  family  the   next  day,  that 
she  loved  her,  did  not  wish  her  to  be  killed,  and  there- 
fore told  her  what  was  intended,  that  she  might  save  her- 
self.    In  consequence  of  this  information,  Baker  got  a 
number  of  men  to  the  amount  of  twenty-one  to  come 
to  his  house,  and  they  were  all  there  before  morning. 
A  council  was  held,  and  it  was  determined,  that  the 
men  should  lie  concealed  in  the  back  apartment  ;  that 
if  the  Indians  did  come  and  behaved  themselves  peacea- 
bly, they  should  not  be  molested  ;  but  if  not,  the  men 
were  to  show  themselves,  and  act  accordingly.     Early 
in   the  morning  seven    Indians,   four   men    and   three 
squaws,  came  over.     Logan's  brother  was  one  of  them. 
They  immediately  got   rum,  and    all,  except  Logan's 
brother,  became  very  much  intoxicated.     At  this  time 
all  the  men  were   concealed,  except  the   man  of  the 
house,  Baker,  and  two  others  who  staid  out  with  him. 
Those  Indians  came  unarmed.     After  some  time  Lo- 
gan's brother  took  down  a  coat  and  hat  belonging  to 
Baker's  brother-in-law,  who  lived  with   him,  and  put 
them  on,  and  setting  his  arms  a-kimbo,  began  to  strut 
about,  till  at  length  coming  up  to  one  of  the  men,  he 
attempted  to  strike  him,  saying  "  white  man,  son  of  a 
bitch."     The  white  man,  whom  he  treated  thus,  kept 
out  of  his  way  for  some  time  ;  but  growing  irritated  he 
jumped  to  his  gun,  and  shot  the  Indian  as  he  was  mak- 
ing to  the  door  with  the  coat  and  hat  on  him.     The  men 
who  lay  concealed  then  rushed  out,  and  killed  the  whole 
of  them,  excepting  one  child,  which  I  believe  is  alive 
yet.     But  before  this  happened,  one  with  two,  the  other 
with  five  Indians,  all  naked,  painted  and  armed  com- 
pletely for  war,  were  discovered  to  start  from  the  shore 
on  which  Logan's  camp  was.     Had  it  not  been  for  this 
circumstance,  the  white  men  would  not  have  acted  as 
they  did  ;  but  this  confirmed  what  the  squaw  had  told 
before.     The  white  men,  having  killed  as  aforesaid  the 


Indians  in  the  house,  ranged  themselves  along  the  bank 
of  the  river,  to  receive  the  canoes.  The  canoe  with 
the  two  Indians  came  near,  being  the  foremost.  Our 
men  fired  upon  them  and  killed  them  both.  The  other 
canoe  then  went  back.  After  this  two  other  canoes 
started,  the  one  containing  eleven,  the  other  seven  In- 
dians, painted  and  armed  as  the  first.  They  attempted 
to  land  below  our  men  ;  but  were  fired  upon,  had  one 
killed,  and  retreated,  at  the  same  time  firing  back.  To 
the  best  of  my  recollection  there  were  three  of  the 
Great-houses  engaged  in  this  business.  This  is  a  true 
representation  of  the  affair  from  beginning  to  end.  I 
was  intimately  acquainted  with  Cresap,  and  know  he 
had  no  hand  in  that  transaction.  He  told  me  himself 
afterwards  at  Redstone  Old  Fort,  that  the  day  before 
Logan's  people  were  killed,  he,  with  a  small  party, 
had  an  engagement  with  a  party  of  Indians  on  Cap- 
teener,  about  forty-four  miles  lower  down.  Logan's 
people  were  killed  at  the  mouth  of  Yellow  creek,  on 
the  24th  of  May,  1774  ;  and  the  23d,  the  day  before, 
Cresap  was  engaged  as  already  stated.  I  know  like- 
wise that  he  was  generally  blamed  for  it.  and  believed 
by  all  who  were  not  acquainted  with  the  circumstances, 
to  have  been  the  perpetrator  of  it.  I  know  that  he 
despised  and  hated  the  Great-houses  ever  afterwards 
on  account  of  it.  I  was  intimately  acquainted  with 
General  Gibson,  and  served  under  him  during  the  late 
war,  and  I  have  a  discharge  from  him  now  lying  in  the 
land-office  at  Richmond,  to  which  I  refer  any  person 
for  my  character,  who  might  be  disposed  to  scruple  my 
veracity.  I  was  likewise  at  the  treaty  held  by  Lord 
Dunmore  with  the  Indians  at  Chelicothe.  As  for  the 
speech  said  to  have  been  delivered  by  Logan  on  that 
occasion,  it  might  have  been,  or  might  not,  for  any 
thing  I  know,  as  I  never  heard  of  it  till  long  afterwards. 
I  do  not  believe  that  Logan  had  any  relations  killed, 
except  his  brother.  Neither  of  the  squaws  who  were 
killed  was  his  wife.  Two  of  them  were  old  women, 
and  the  third,  with  her  child  which  was  saved,  I  have 
the  best  reason   in  the   world  to  believe  was  the  w  itb 


and  child  of  general  Gibson.  I  know  he  educated  the 
child,  and  took  care  of  it,  as  if  it  had  been  his  own. 
Whether  Logan  had  a  wife  or  not,  I  cant  say  ;  but  it  is 
probable  that  as  he  was  a  chief,  he  considered  them  all 
as  his  people.  All  this  I  am  ready  to  be  qualified  to  at 
any  time. 

Attest — Samuel  M'Kee,  Junr. 

Madison  County,  Feb.  13th,  1800. 

I  do  certify  further  that  the  above  named  John  Sap- 
pington  told  me,  at  the  same  time  and  place  at  which 
he  gave  me  the  above  narrative,  that  he  himself  was  the 
man  who  shot  the  brother  of  Logan  in  the  house  as 
above  related,  and  that  he  likewise  killed  one  of  the 
Indians  in  one  of  the  canoes,  which  came  over  from  the 
opposite  shore. 

lie  likewise  told  me,  that  Cresap  never  said  an  an- 
gry word  to  him  about  the  matter,  although  he  was 
frequently  in  company  with  Cresap,  and  indeed  had 
been,  and  continued  to  be,  in  habits  of  intimacy  with  that 
gentleman,  and  was  always  befriended  by  him  on  every 
occasion.  He  further  told  me,  that  after  they  had  per- 
petrated the  murder,  and  were  flying  into  the  settle- 
ments, he  met  with  Cresap  (if  I  recollect  right,  at  Red- 
stone Old  Fort ;)  and  gave  him  a  scalp,  a  very  large 
fine  one,  as  he  expressed  it,  and  adorned  with  silver. 
This  scalp,  I  think  he  told  me,  was  the  scalp  of  Logan's 
brother  ;  though  as  to  this  I  am  not  absolutely  certain. 
Certified  by  SAMUEL  M'KEE,  Junr. 




President  of  the  United  States, 


AT    HIS    INSTALMENT,    MARCH    4,     180],    AT    THE 

Friends  and  Fellow- Citizens, 
Called  upen  to  undertake  the  duties  of  the  first  ex- 
ecutive office  of  our  country,  I  avail  myself  of  the  pre- 
sence of  that  portion  of  my  fellow-citizens,  which  is 
here  assembled,  to  express  ray  grateful  thanks,  for  the 
favour  with  which  they  have  been  pleased  to  look  to- 
wards me  ;  to  declare  a  sincere  consciousness,  that  the 
task  is  above  my  talents,  and  that  I  approach  it  with 
those  anxious  and  awful  presentiments,  which  tho 
greatness  of  the  charge,  and  the  weakness  of  my  pow- 
ers, so  justly  inspire.  A  rising  nation,  spread  over  a 
wide  and  fruitful  land — traversing  all  the  seas  with  the 
rich  productions  of  their  industry — engaged  in  com- 
merce with  nations  who  feel   power  and  forget  right 

advancing  rapidly  to  destinies  beyond  the  reach  ofmor- 
tal  eye— when  1  contemplate  these  transcendent  ob- 
jects, .-in. I  see  the  honour,  the  happiness,  and  the  hopes 
of  this  beloved  country,  committed  to  the  issue  and  the 
auspices  of  this  dav,  I  shrink  from  the  contemplation 
and  humble  myself  before  the  magnitude  of  tho  under- 


taking.  Utterly,  indeed,  should  I  despair,  did  not  the 
presence  of  many,  whom  I  here  see,  remind  me,  that  in 
the  other  high  authorities  provided  by  our  constitution, 
I  shall  find  resources  of  wisdom,  of  virtue,  and  of  zeal, 
on  which  to  rely  under  all  difficulties.  To  you,  then, 
gentlemen,  who  are  charged  with  the  sovereign  func- 
tions of  legislation,  and  to  those  associated  with  you,  I 
look  with  encouragement  for  that  guidance  and  sup- 
port, which  may  enable  us  to  steer,  with  safety,  the 
vessel  in  which  we  are  all  embarked,  amidst  the  con- 
flicting elements  of  a  troubled  world. 

During  the  contest  of  opinion,  through  which  we 
have  past,  the  animation  of  discussions  and  of  exer- 
tions, has  sometimes  worn  an  aspect  which  might  im- 
pose on  strangers,  unused  to  think  freely,  and  to  speak 
and  to  write  what  they  think ;  but  this  being  now  de- 
cided by  the  voice  of  the  nation,  announced  according 
to  the  rules  of  the  constitution,  all  will,  of  course,  ar- 
range themselves  under  the  will  of  the  law,  and  unite 
in  common  efforts,  for  the  common  good.  All,  too,  will 
bear  in  mind  this  sacred  principle  ;  that  though  the  will 
of  the  majority  is,  in  all  cases,  to  prevail,  that  will,  to  be 
rightful,  must'be  reasonable — that  the  minority  possess 
their  equal  rights,  which  equal  laws  must  protect,  and 
to  violate  would  be  oppression.  Let  us  then,  fellow- 
citizens,  unite  with  one  heart,  and  one  mind.  Let  us 
restore  to  social  intercourse,  that  harmony  and  affec- 
tion, without  which,  liberty,  and  even  life  itself,  are  but 
dreary  things,  and  let  us  reflect,  that,  having  banished 
from  our  land,  that  religious  intolerance,  under  which 
mankind  so  long  bled  and  suffered,  we  have  yet  gained 
little,  if  we  countenance  a  political  intolerance,  as  des- 
potic, as  wicked,  and  capable  of  as  bitter  and  bloody 

During  the  throes  and  convulsions  of  the  ancient 
world — during  the  agonizing  spasms  of  infuriated  man, 
seeking,  through  blood  and  slaughter,  his  long  lost  li- 
berty—it was  not  wonderful  that  the  agitation  of  the 
billows  should  reach  even  this  distant  and  peaceful 
shore-— that  this  should  be  more  felt  and  feared  by  some, 


and  less  by  others — and  should  divide  opinions,  as  to 
measures  of  safety.  But  every  difference  of  opinion  is 
not  a  difference  of  principle.  We  have  called  by  dif- 
ferent names,  brethren  of  the  same  principle.  WE 
DERALISTS. If  there  be  any  among  us,  who  would 
wish  to  dissolve  this  union,  or  to  change  its  republican 
form,  let  them  stand  undisturbed,  as  monuments  of  the 
safety  with  which  error  of  opinion  may  be  tolerated, 
where  reason  is  left  free  to  combat  it.  I  know  indeed 
that  some  honest  men  fear  that  a  republican  govern- 
ment cannot  be  strong — that  this  government  is  not 
strong  enough.  But  would  the  honest  patriot,  in  the 
full  tide  of  successful  experiment,  abandon  a  govern- 
ment which  has  so  far  kept  us  free  and  firm,  on  the 
theoretic  and  visionary  fear,  that  this  government,  the 
world's  best  hope,  may,  by  possibility,  want  energy  to 
preserve  itself; — I  trust  not — I  believe  this,  on  the  con- 
trary, the  strongest  government  on  earth — I  believe  it 
the  only  one,  where  every  man,  at  the  call  of  the  law, 
would  fly  to  the  standard  of  the  law,  and  would  meet 
invasions  of  the  public  order  as  his  own  personal  con- 
cern. Sometimes  it  is  said,  that  man  cannot  be  trusted 
with  the  government  of  himself.  Can  he  then  be  trust- 
ed with  the  government  of  others?  or  have  we  found 
angels,  in  the  form  of  kings,  to  govern  him  ?  Let  his- 
tory answer  this  question. 

Let  us,  then,  with  courage  and  confidence,  pursue  our 
own  federal  and  republican  principles — our  attachment 
to  union  and  representative  government.  Kindly  sepa- 
rated, by  nature  and  a  wide  ocean,  from  the  extermi- 
nating havock  of  one  quarter  of  the  globe — too  high- 
minded  to  endure  the  degradations  of  the  others—  pos- 
sessing a  chosen  country,  with  room  enough  for  our 
descendants  to  the  thousandth  and  thousandth  genera- 
tion— entertaining  a  due  Bense  of  our  equal  right  to  the 
use  of  our  own  faculties — to  the  acquisitions  of  our  own 
industry — to  honour  and  confidence  from  our  fellow- 
CitizenB ;  resulting  not  from  birth,  but  from  our  actions, 
and  their  sun^e  of  them — enlightened  by  a  benign  reli- 



gion,  professed,  indeed,  and  practised  in  various  forms, 
yet  all  of  them  inculcating  honesty,  truth,  temperance, 
gratitude,  and  the  love  of  man — acknowledging  and 
adoring  an  overruling  Providence,  which,  by  all  its 
dispensations,  proves  that  it  delights  in  the  happiness  of 
man  here,  and  his  greater  happiness  hereafter — with 
all  these  blessings,  what  more  is  necessary  to  make  us 
a  happy  and  prosperous  people  ? — Still  one  thing  more, 
fellow  citizens,  a  wise  and  frugal  government,  which 
shall  restrain  men  from  injuring  one  another  ;  shall 
leave  them  otherwise  free  to  regulate  their  own  pursuits 
of  industry  and  improvement ;  and  shall  not  take  from 
the  mouth  of  labour  the  bread  it  has  earned.  This  is 
the  sum  of  good  government;  and  this  is  necessary  to 
close  the  circle  of  our  felicities. 

About  to  enter,  fellow-citizens,  on  the  exercise  of  du- 
ties, which  comprehend  every  tiling  dear  and  valuable 
to  you,  it  is  proper  you  should  understand  what  I  deem 
the  essential  principles  of  our  government,  and  conse- 
quently those  which  ought  to  shape  its  administration. 
I  will  compress  them  within  the  narrowest  compass 
they  will  bear,  stating  the  general  principle,  but  not  all 
its  limitations.  Equal  and  exact  justice  to  all  men,  of 
whatever  state  or  persuasion,  religious  or  political — 
peace,  commerce,  and  honest  friendship  with  all  nations 
— entangling  alliances  with  none — the  support  of  the 
state  governments  in  all  their  rights,  as  the  most  com- 
petent administrations  for  our  domestic  concerns,  and 
the  surest  bulwarks  against  autirepublican  tendencies 
— the  preservation  of  the  general  government  in  its 
whole  constitutional  vigour,  as  the  sheet  anchor  of  our 
peace  at  home,  and  safety  abroad — a  jealous  care  of  the 
right  of  election  by  the  people — a  mild  and  safe  correc- 
tive of  abuses,  which  are  lopped  by  the  sword  of  revo- 
lution, where  peaceable  remedies  are  unprovided — ab- 
solute acquiescence  in  the  decisions  of  the  majority,  the 
vital  principle  of  republics,  from  which  is  no  appeal  but 
to  force,  the  vita)  principle  and  immediate  parent  of 
despotism — a  well  disciplined  militia,  our  best  reliance 
in  peace,  and  for  the  first  moments  of  war,  till  regulars 


may  relieve  them — the  supremacy  of  the  civil  over  the 
military  authority — economy  in  the  public  expense,  that 
labour  may  be  lightly  burdened — the  honest  payment 
of  our  debts,  and  sacred  preservation  of  public  faith — 
encouragement  of  agriculture,  and  of  commerce,  as  its 
handmaid — the  diffusion  of  information,  and  arrange- 
ment of  all  abuses  at  the  bar  of  the  public  reason — 
freedom  of  religion — freedom  of  the  press — and  free- 
dom of  person,  under  the  protection  of  the  habeas  cor- 
pus, and  trials  by  juries  impartially  selected.  These 
principles  form  the  bright  constellation,  which  has  gone 
before  us,  and  guided  our  steps  through  an  age  of  re- 
volution and  reformation.  The  wisdom  of  our  sages, 
and  blood  of  our  heroes,  have  been  devoted  to  their  at- 
tainment. They  should  be  the  creed  of  our  political 
faith — the  text  of  civic  instruction — the  touchstone  by 
which  to  try  the  services  of  those  we  trust ;  and  should 
wc  wander  from  them,  in  moments  of  error  or  alarm, 
let  us  hasten  to  retrace  our  steps,  and  to  regain  the 
road  which  alone  leads  to  peace,  liberty,  and  safety. 

I  repair,  then,  follow  citizens,  to  the  post  you  have 
assigned  me.  With  experience  enough  in  subordinate 
offices,  to  have  seen  the  difficulties  of  this,  the  greatest 
of  all,  I  have  learned  to  expect,  that  it  will  rarely  fall  to 
the  lot  of  imperfect  man,  to  retire  from  this  station,  with 
the  reputation,  and  the  favour,  which  bring  him  into  it. 
Without  pretensions  to  that  high  confidence  you  repos- 
ed in  our  first  and  greatest  revolutionary  character, 
■whose  preeminent  services  had  entitled  him  to  the  first 
place  in  his  country's  love,  and  destined  for  him  the 
fairest  page  in  the  volume  of  faithful  history,  I  ask  so 
much  confidence  only,  as  may  give  firmness  and  effect 
to  the  legal  administration  of  your  affairs.  I  shall  often 
go  wrong,  through  defect  of  judgment.  When  right  I 
shall  often  be  thought  wrong,  by  those  whose  positions 
will  not  command  a  view  of  the  whole  ground.  I  ask 
your  indulgence  for  my  own  errors,  which  will  never 
be  intentional  ;  and  \our  support  against  the  errors  of 
others,  who  may  condemn  what  they  would  not,  if  seen 
in  all  its  parts.     The  approbation  implied  by  your  suf- 


frage,  is  a  great  consolation  to  me  for  the  past :  and  my 
future  solicitude  will  be,  to  retain  the  good  opinion  of 
those  who  have  bestowed  it  in  advance,  to  conciliate 
that  of  others  by  doing  them  all  the  good  in  my  power, 
and  to  be  instrumental  to  the  happiness  and  freedom 
of  all. 

Relying,  then,  on  the  patronage  of  your  good  will,  I 
advance  with  obedience  to  the  work,  ready  to  retire 
from  it  whenever  you  become  sensible  how  much  bet- 
ter choices  it  is  in  your  power  to  make.  And  may  that 
infinite  Power,  which  rules  the  destinies  of  the  uni- 
verse, lead  our  councils  to  what  is  best,  and  give  them 
a  favourable  issue,  for  our  peace  and  prosperity. 



JAN  4  -  1934